Final Order 2

Order Details: Order Below EX 1
Pdf Text: C. C. No. 163 SW 2021 Dr. Irfan Vs Ms Fancy Builders & Ors.
CNR MHMM18-006562-2021
Below Exh. 1
FURTHER ORDER BELOW EXH.1
1. Perused record, verification of the complainant and heard Ld. advocate
for him. It is alleged that complainant is in possession of property in capacity as
tenant and accused persons claimed to be its owners. On 09.04.2021,
complainant received a call from police and he went to the premises. He came
to know that it is complained to police that one abandoned car is placed by
unknown persons at the premises since long. The car was owned by
complainant's son, but accused persons were not allowing him to fetch it back.
He even shown the documents of ownership, but no purpose served.
2. The verification reflects same allegations. There are total 11 persons
arrayed as accused persons, but the complaint lacks material particulars about
the exact role played by particular accused as such it is vague. The allegations
are mainly of civil nature. In the alternative even if it is presumed that they are
true, those are covered by Section 95 of Indian Penal Code, which provides that
nothing is an offence by reason that it causes, or that it is intended to cause, or
that it is likely to cause, any harm, if that harm is so slight that no person of
ordinary sense and temper would complaint of such harm. Thus, no offence
made out either by considering nature of material produced or even by
accepting them to be true. Therefore, following order -
ORDER
Complaint is dismissed.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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