Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 86 SW 2022 Umar Vs State and anr.
CNR-MHMM18-004806-2022
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, 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 has purchased house
belonging to one Yogesh Dudobhai Chitroda, in which accused was
residing after payment of heavy deposit to said owner. After purchase of
the house complainant offered him repayment of deposit paid by him and
requested to vacate the house, but he refused. Later on original owner
Yogesh died. Complainant again requested to vacate the house by
accepting the deposit, but again proposed accused refused. Therefore,
complainant approached police, but no action taken. Then accused forged
certain documents and renewed his electricity connection. Therefore, this
complaint, in which the above referred direction is sought.
5. Majority of the offences and their ingredients reflect that evidence
is of documentary nature, which is either on record or can be produced in
the court by complainant himself. If any need is felt regarding additional
evidence, the investigation can be ordered under Section 202 of Code of
Criminal Procedure. The prayer sought is having serious consequences.
No case of such a nature made out. The recording of verification will
serve the purpose. Therefore, order -
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C. C. No. 86 SW 2022 Umar Vs State and anr.
CNR-MHMM18-004806-2022
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.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 11.10.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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