Interim Order 1

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
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the applicant/complainant.
This is an application under Section 156(3) of Code of Criminal
Procedure for issuance of direction to register the offence and investigate
the matter in respect of offences punishable under Sections 339, 341, etc.
of Indian Penal Code.
2. It is contended that accused is a tenant and in possession of one of
the flat at the building mentioned. There occurred some disputes amongst
his landlord and accused persons. Therefore, accused persons created
obstruction in parking and removal of his car and thereby wrongfully
restrained him. He also approached police, but no purpose served.
Accused committed various offences and hence, he approached this court.
3. Some of the offences are cognizable in nature. Application is
supported by affidavit. Compliance of Section 154(3) of Code of Criminal
Procedure also done.
4. If we perused application/complaint the allegations are not much
serious. There appeared no reason to issue direction. Though some
offences are cognizable in nature, this fact itself is not enough. The record
of verification will serve the purpose. If collection of additional evidence
feel, to be necessary, it can be done at later point of time as per Section
202 of Code of Criminal Procedure. Therefore, following order
ORDER
a. The prayer for issuance of direction under Section 156(3) of Code
of Criminal Procedure, is rejected.
b. Matter is kept for verification of the complainant.
MUMBAI (KOMALSING RAJPUT)
DATE – 02.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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