Interim Order 2

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE(FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
C.C. No. 385/MISC/2025
CNR NO. MHMM18-006438-2025
ORDER BELOW EXH-1
Read complaint. Perused documents and affidavit of the
complainant. Perused the say filed by the police. Also perused the circular
dated 01.07.2017. Heard the complainant in person.
From the record it is seen that, the complainant had sent the e-
mail dated 15.03.2025 to Sr. PI, Nirmal Nagar making allegations against
several Government Servants. Thereafter, another e-mail dated 08.04.2025 is
sent to DCP Zone – 8. From the reply it is seen that as per the circular of
Commissioner of Police, Brihanmumbai dated 01.07.2017 all the complaints
received under Maharashtra Slum Rehabilitation Scheme are required to be
forwarded to the Statutory High Power Committee. The Nirmal Nagar police
have also forwarded the complaint to the High Power Committee on
21.07.2025. Even thereafter the complainant had issued another e-mail dated
02.08.2025. The complainant has made serious allegations as to criminal
breach of trust, cheating and criminal conspiracy etc. by the accused persons
are
prima-facie well founded. The offences are cognizable and non-bailable.
The complainant has complied the necessary requirements of contacting police
department.
Considering the nature of allegations, investigation at the hands of
police appears essential. The document & events narrated shows despite
complaint made with the police, the FIR was not registered. Prior sanction
under section 218 of BNSS is not mandatory at the pre-cognizance stage.
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Hence, this is the fit case to direct investigation through Sr. Police Inspector of
Nirmal Nagar police station. Hence, the order :-
ORDER
i) The complaint be send to PSO, of Nirmal Nagar police station for
registration of FIR against the proposed accused No. 1 to 26 and
29, if any, to investigate as per law, vide section 175(3) of
Bhartiya Nagrik Suraksha Sanhita.
(This order is corrected in view of the order passed in
198/MISC/2026 dated 21.04.2026. )
ii) The proceedings be kept pending till receipt of the report
from the concern police station.
iii) Inform accordingly.
Date: 21.04.2026 (S.S. Parkhi),
Ssl. Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai
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