Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 51 SW 2022 Mohd. Ali Vs Mohd. Istiaque
CNR No.MHMM18-002102-2022
ORDER BELOW EXH.1
1. Perused record.
2. This is an application under Section 156(3) of Code of Criminal
Procedure, seeking direction to register the offence against the respondent
and carry out investigation in the alleged acts.
3. The application is supported by affidavit. Compliance of Section
154(2) done. Offences are cognizable in nature. Thus, the basic
requirements are satisfied.
4. It is contended that applicant was residing in a structure situated at
Anant Kanekar Marg, Garib Nagar, Bandra East, Mumbai, and was
shifted to transit accommodation, on account of road widening work in a
room allotted for affected persons. The said accommodation was also
demolished and in substitution of it several allotment orders were passed
in favour of it. Lastly, he received house at Malad West, Mumbai. But
later on it is informed that it is already allotted to one Mr. Ashok Kamble.
Applicant came to know that respondent filed proceeding before City
Civil Court, Mumbai, on the basis of forged documents and cheated him.
He has not executed any transfer documents about the tenement allotted
in favour of respondent. He approached police, but no action taken.
Therefore, this complaint.
5. The allegations are somewhat vague. No specific facts constituting
forgery and cheating pleaded. Further, those are based on documentary
evidence already in custody of applicant. If any need of additional
evidence is felt, the investigation can be ordered under Section 202 of
Code of Criminal Procedure. The prayer is having serious consequences,
if ordered. In the above discussed background facts and circumstances,
such prayer can not be granted. Recording of verification will serve the
purpose. Therefore, order -
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C. C. No. 51 SW 2022 Mohd. Ali Vs Mohd. Istiaque
CNR No.MHMM18-002102-2022
ORDER
Prayer for registration of offence and directing investigation as per
Section 156(3) of Code of Criminal Procedure is rejected. Matter is kept
for recording of verification of complainant.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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