Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 84 SW 2024 Debra Vs Roshni and ors.
CNR - MHMM18-008039-2024
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate of the complainant/applicant.
2. The present complaint/application is filed under Section 156(3) of Code
of Criminal Procedure, seeking direction to register the offence and investigate
the matter through police machinery. It is the case of the complainant/applicant
that the respondents forcefully entered in her house when it was locked and
started residing there. Thus, she committed offence of lurking house trespass.
Therefore, she approached police, but no action taken by them. Hence, present
application for registration of crime as per Sec.156(3) of Cr.P.C. and its
investigation.
3. The alleged offences are cognizable in nature. The compliance of
Section 154(2) is done. The application is also supported by affidavit. It means
all the technical aspects are complied with.
4. On perusal of the contents of the complaint it is noticed that the
allegations are vaguely drafted and pleading seems very weak. No material
produced in support of allegations. The prayer sought is having serious
consequences. There must be strong case to allow the prayer sought for. On this
test the present application fails. Further, the nature of allegations is such that
main witnesses is complainant herself and other interested persons. They are
based on documentary evidence about their possession and ownership, which is
in custody of applicant herself. In the alternative if need of any additional
documents is felt it those can be collected by ordering investigation as per
Section 202 of Code of Criminal Procedure and as such 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 – 30.04.2025 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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