Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 46 SW 2022 Usman Vs Imtiyaz and anr.
CNR No.MHMM18-002026-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. This is an application under Section 156(3) of Code of Criminal
Procedure for direction to register offence against respondents/proposed
accused.
3. The offences alleged are of cognizable nature. Compliance of
Section 154(1) and 154(3) of Code of Criminal Procedure also done. But
application is not supported by affidavit, as such one of the mandatory
requirement is missing.
4. It is the case of the applicant/complainant that accused persons
lured him to pay huge amount under the pretext of selling land. After
obtaining said amount of about Rs.4.80 cores, accused moved away from
their promise. Their sole intention was to cheat the applicant/complainant.
He approached police, but no action taken and hence, he approached this
court.
5. The submissions of Ld. Advocate are in tune with the contents of
the complaint. The part of alleged transactions regarding payment of
amounts from time to time are also supported by documentary evidence.
Further, in pursuance of report lodged by applicant/complainant some
inquiry was carried out by concerned police station. Those statements and
certain other documents are also on record.
6. The summary of the allegations and material on record leads to
inferences that main witnesses are, complainant himself and other
interested persons associated with him. The amounts transferred to the
accused persons from time to time are also transferred through banks.
There is documentary evidence about it, which is already on record.
Further, the custodians being third persons, can produce those documents
or can be called by this court.
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C. C. No. 46 SW 2022 Usman Vs Imtiyaz and anr.
CNR No.MHMM18-002026-2022
7. The prayer sought for is having serious consequences. There must
be sufficient material strong enough to warrant police investigation. The
transaction and evidence in support of it is of such a nature that recording
of verification, evidence of remaining witnesses and production of
documents by complainant himself will serve the purpose. If any
additional documents felt necessary those can be collected through police
machinery by ordering investigation under Section 202 of Code of
Criminal Procedure. No case made out by applicant/complainant to grant
prayer sought for. Accordingly, order -
ORDER
a. Prayer for investigation under Section 156(3) of Code of Criminal
Procedure, is rejected.
b. Matter is kept for recording of verification of complainant.
MUMBAI (KOMALSING RAJPUT)
DATE – 05.04.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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