Interim Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No.MHMM18-002198-2025 C. C. No.136/Misc./2025
Lila V/s. P.Stn. BKC
ORDER BELOW EXH.1
Read complaint. Perused the documents placed on
record. Heard Ld. Advocate Shri Pandey for complainant.
2. According to the complainant she and her son have
been assaulted by accused persons on 29/01/2024 of which C.R.
No.99/2024 came to be registered against the accused persons. In
that incident the informant received grievous injuries due to assault
by wooden stick and Bamboo. However, police have registered
only the offence under section 323, 324, 504, 506 and 354 (b)
r/w.s. 34 of the Indian Penal Code. According to her accused have
attempted to commit her murder and the police have to register
F.I.R. under section 307 of the Indian Penal Code. Therefore, it is
necessary to issue direction to police to register the F.I.R. as prayed
or for further investigation.
3. I have gone through the documents placed on record. The
complainant in support of her complaint has not placed the detailed
affidavit of in support of contents of her complaint. Further, the
compliance of clause (iv) of 173 of the The Bharatiya Nagarik Suraksha
Sanhita, 2023 is also not complied. It further reveals that, B.K.C. police
have already registered the F.I.R. at the instance of son of the
complainant and the investigation is going on. Therefore, I am of
opinion that, the submission of police as contemplated in clause (iii) of
section 175 of the The Bharatiya Nagarik Suraksha Sanhita, 2023.
4. Ld. Advocate Shri Pandey for complainant submits that, the
Investigating Officer has filed the chargesheet in the said F.I.R. which is
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pending before this court in C. C. No.1703/PW/2024. Therefore I
proceed to pass following order.
ORDER
Call C. C. No.1703/PW/2024 on today’s board and after perusal
the C. C. No.1703/PW/2024 appropriate order will be passed.
Mumbai.
Date : 25/08/2025.
SRD.
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date : 25/08/2025.
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