Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 112 SW 2023 Kasamali Vs Mohd. and ors.
CNR-MHMM18-008175-2023
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate Shri. Amogh Khadye, for the
complainant.
2. The applicant/complainant is a Residence Co-Op. Society, approached
this court, under Section 156(3) of Code of Criminal Procedure, seeking
direction against police authorities to register the offence and investigate the
matter.
3. Application is supported by affidavit. The compliance of Section 154(2)
is also done. The alleged offences are of cognizable nature.
4. It is contended that the members of the complainant society are owners
of the various flats, purchased by them through M/s. White Arch Corporation.
Said corporation after complying all legal requirements acquired rights over the
land from one Zulekhabai and constructed society building on it.
5. The proposed Accused No.1, claimed to be grandson of the said
Zulekhabai and claimed exclusive rights over the land of the society were its
building is in existence. Several exchange of notices took place and the other
legal proceeding also started between society and proposed accused, including
Civil Court. There occurred continuous disputes between both these parties.
6. On 07.07.2023, all the accused persons and some unknown persons
without permission entered into society premises, started drilling holes in its
supporting columns. They started filling some kind of explosive gel in those
holes and also connected those holes with cables and wires which were
connected electronic devices. They noticed that those proposed accused persons
want damage the supporting pillars and stilts with some explosive substance.
7. Complainant society immediately approached Bandra Police Station,
Mumbai, and filed the report. But police took no action. They also approached
Senior Police Officers, but police did nothing. Apprehending danger to the
society, it approached this court.
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C. C. No. 112 SW 2023 Kasamali Vs Mohd. and ors.
CNR-MHMM18-008175-2023
8. In support of the allegations complainant filed on record various
documents. The contents of the application and other document annexed with
the main application clearly reflect that basic requirements about pleading and
legal compliance are satisfied. The photograph and C.C. T.V. footage produced
with the record in a pendrive shows that accused persons attempted to threat the
society members and by using some exclusive devices.
9. The allegations are serious. Thorough investigation particularly about
attempted use of explosive devices is necessary. It is not possible without
allowing formal investigation by registration of First Information Report.
Considering the nature of the allegations, the proposed evidence to be
collected, I am of the opinion that it is necessary to issue directions as prayed
for. Therefore, following order -
ORDER
A. Application is allowed.
B. The P.S.O. Bandra, Mumbai, is herewith directed to register the offence
under relevant provisions of Indian Penal Code and offences under any other
laws and investigate the matter as per Section 156(3) of Code of Criminal
Procedure.
C. The certified copy of the application Exh.1 along with documents
produced shall be sent to concerned police station.
D. Application is disposed off.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 09.01.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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