Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1039 PW 2022 State Vs Taufique and ors.
CNR MHMM18-004664-2022
ORDER BELOW EXH.7
1. Perused record. Heard both the sides.
2. The present application is filed under Section 239 of Code of
Criminal Procedure, for discharge, mainly on the grounds that there is no
role attributed to him. During investigation nothing transpired against
him. He can not be connected with the alleged acts of cheating and
gaining wrongfully.
3. Ld. A.P.P. objected to it stating that the material on record is
enough to show the involvement of the accused in the offence of cheating.
There is ample evidence to frame charge. Allegations are well founded.
Therefore, accused can not be discharged.
4. It is the prosecution case that Accused Nos.1 and 3, obtained heavy
deposit from the informant for providing a rented house. In the said house
accused Mr. Afsarali, was residing. Later on, despite obtaining the amount
accused persons not handed over the possession of house. Therefore,
informant approached police and lodged report.
5. In the First Information Report itself, it is mentioned that
accused/present applicant Mr. Afsarali, shaking hands with the accused
helped them to obtain the amount. Statements of other witnesses are also
same, to the effect that present applicant shaking hands with other
accused persons helped them to obtain money from the informant.
6. There is no evidence to show that any amount was transferred to
present applicant/accused. The main evidence is First Information Report
and statements of various witnesses. If we go through other aspects of the
matter it can be inferred that present applicant/accused was aware of
proposed transaction of renting the premises and also money transactions,
done in consideration of the main transaction.
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C. C. No. 1039 PW 2022 State Vs Taufique and ors.
CNR MHMM18-004664-2022
7. The law in respect of discharge of accused is well settled. If the
final report is accepted as it is by the accused, if no conviction is
warranted against him accused can be discharged. Further, for considering
such a test even strong suspicion is enough. If we applied this test to the
present matter in the light of evidence discussed in preceding paragraph,
the application fails, therefore, following order -
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 22.06.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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