Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 67 SS 2024 Farheen Vs Shahin
CNR-MHMM18-007887-2024
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. Out of the alleged offences only an offence punishable
under Section 509 of Indian Penal Code, is cognizable. Thus, the basic
requirements are satisfied.
4. It is the case of complainant that there are property disputes going
on between her and some of the accused persons and accused are
harassing her. She is dietitian by profession. On 21.05.2024, a lady called
her from an unknown number and sought her advise. As per call applicant
had been to a cafe/restaurant, where she found proposed accused Mrs.
Shahin. After initial talks Mrs. Shahin, started misbehaving with the
applicant, used abusive language against applicant and also assaulted her.
Therefore, applicant approached Bandra Police Station, Mumbai, but it
registered non-cognizable offence against accused persons. Therefore, she
filed present application.
5. As stated above the majority of the offences are non-cognizable
offences. The allegations are not much serious. The applicant is the main
witness and the evidence can be produced in the court itself by applicant
herself. If any need is felt regarding additional evidence, the investigation
can be ordered under Section 202 of Code of Criminal Procedure. The
order sought is having serious consequences. No such case made out. As
such recording of verification will serve the purpose. The main evidence
i.e. C.C. T.V. footage can be ordered to be collected before recording of
verification itself in the interest of justice. Therefore, order - Page - 1/2
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C. C. No. 67 SS 2024 Farheen Vs Shahin
CNR-MHMM18-007887-2024
ORDER
a. Prayer for registration of offence and directing investigation as per
Section 156(3) of Code of Criminal Procedure is rejected.
b. Matter is kept for recording of verification of complainant.
c. P.S.O. Bandra Police Station, Mumbai, is hereby directed to collect
the C.C. T.V. footage in respect of an alleged act mentioned in N.C. Case
No.820 of 2024, dated 22.05.2024, from the concerned restaurant/cafe by
following due procedure of law and produce it in the court within
fortnight from today.
MUMBAI (KOMALSING RAJPUT)
DATE – 02.08.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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