Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 55 SW 2022 Peter Vs Cyril and ors.
CNR-MHMM18-002661-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant/applicant.
2. This is an application under Section 156(3) of Code of Criminal
Procedure, seeking direction to register the offence against the
respondents and carry out investigation in the alleged acts.
3. The application is supported by affidavit. Compliance of Section
154(2) done. Certain offences are cognizable in nature. Thus, the basic
requirements are satisfied.
4. It is the case of the complainant that he and some of the accused
persons are residents of Pali Pareira Wadi Gruhanirman Sahakari Society.
The accused persons in the year 2006, fraudulently without conducting
any meetings of all the occupiers/members of the said society, formed
fake society represented themselves as promoters and appointed Accused
No.9, as it’s developer with sole intention to dispossess other occupants.
Various legal compliance not done and by playing fraud on complainant
and other occupants helped to procure L.O.I. Later on, on the basis of this
forgery the accused persons forged several documents and accounts and
caused loss to the complainant and other occupants. Therefore, applicant
approached police, but no purpose served and hence, approached this
court.
5. After going through the record, it is noticed that majority of the
offences and their ingredients reflect that evidence is in the form of
documentary evidence, which is already either produced in this court or
can be produced in the court by applicant himself. If any need is felt
regarding additional evidence, the investigation can be ordered under
Section 202 of Code of Criminal Procedure. The allegations are very old
in nature. The prayer sought for is having serious consequences. The
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C. C. No. 55 SW 2022 Peter Vs Cyril and ors.
CNR-MHMM18-002661-2022
number of proposed accused persons is very high. In such backdrop of the
matter, the prayer sought for can not be allowed. Considering the nature
of the allegations I am of the opinion that recording of verification will
serve the purpose. Therefore, order -
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 – 15.07.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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