Interim Order 3

Order Details: Order Below EX 1
Pdf Text: Court Case No. 67/SS/2024
ORDER BELOW EXH.1
Applicant filed this application under section 156 (3) of Cr.P.C.
for investigation for offence punishable under sections 120-B, 499, 500,
419, 323, 504, 506, 509 of Indian Penal Code. The allegations of the
applicant against the proposed accused are that, accused No.1 is
assaulter. Accused No.4 is sharer of common intention with assaulter.
Accused Nos. 2 and 3 are landlord and landlady. The applicant is the
tenant. As the applicant is not vacating the tenant premises, it is
therefore, she alleged that, the landlord and landlady in conspiration
with accused Nos. 1 and 4 assaulted her. The incident took place on
21.05.2024 in restaurant. In that incident, accused Nos. 1 and 4 went
there and accused No.1 personally assaulted and accused No.4
videographed the incident. It is alleged that, landlord and landlady are
abettor of the said assault for vacating the premises. My Predecessor
found that, instead of investigation under 156(3) of Cr.P.C., report
under section 202 of Cr.P.C. was called. Police filed report under section
202 of Cr.P.C. They only found accused No.1 is involved in the offence.
They did not find the role of the landlord and landlady and lady who
was videographed assault incident.
2. I have gone through the record, apparently, there are no
material against the landlord and landlady showing that, they conspired
for commission of offence. Similarly, it is not brought on record that,
accused No.4 also accompanied accused No.1 on the date of incident.
3. In view of this, it appears that, on the date of incident only
accused No.1 is involved. I have seen the CCTV footage. Wherein, it
appears that, accused No.1 assaulted the applicant. The abusive words
used by accused No.1 is not audible in the footage. But, they are heard
1/2
-- 1 of 2 --
Court Case No. 67/SS/2024
by the applicant. Hence, only offence under sections 323, 504 of Indian
Penal Code made out and only by accused No.1. Therefore, following
order:
ORDER
Issue process against accused No.1 under sections 323 and 504
of Indian Penal Code vide section 204 of Cr.P.C.
MUMBAI (R. T. Ingle)
DATE – 19.06.2026 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
2/2
-- 2 of 2 --