Order 1

Order Details: Order Below EX 1
Pdf Text: CNR. MHMM1800-008403-2024 C. C. NO.1708/MISC./2024
ORDER BELOW EXH.-1
Read complaint. Perused the documents placed on record.
Perused the verification statement of complainant which is at (Exh.-2)
and heard Ld. Advocate Shri Kenjalkar for complainant.
2. The complainant has filed the complaint under section 182,
183, 194, 199, 200, 336, 380, 418, 420 of the Indian Penal Code.
According to complainant despite of execution of relinquishment deed
in respect of flat in favour of complainant against accused made false
claim and interest in the said flat. The accused also alleged to have
committed theft of documents from the flat of complainant. It is further
alleged that, the accused induced Mr. Gladys Lobo to swore affidavit
stating that, the complainant has forged the signature of accused on
share certificate of flat No.1 of Sunita Niwas, Co. Operative Housing
Society.
3. It is further alleged that, the accused had filed the false
complaint against the complainant bearing No. 252/MISC./2021,
wherein she has made false statement against accused and the court
issued the process against complainant under section 420, 468, 465
r/w.s. 34 of Indian Penal Code. But complainant is discharged from the
offences punishable under sections 108, 120 (A), 307, 304 (A), 504,
506 of the Indian Penal Code vide order dated 12/09/2023. As the
court has not taken cognizance in respect of said offences it is cleared
that, the accused has filed the false complaint. Thus, complainant
prayed that, process be issued against accused.
4. Ld. Advocate Shri Kenjalkar for complainant submits that,
the accused had filed various false complaint against complainant Even
she has made false claim in the flat owned by the complainant. He
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further submits that, accused without consent of complainant taken
away the documents from the home of complainant. Further, the court
in case filed by accused not issued the process under section 108, 120
(A), 307, 304 (A), 504, 506 of the Indian Penal Code, therefore, it is
crystal clear that, the accused had filed the false complaint against
complainant. He further submits that, accused induced to Mr. Lobo to
state on oath that the complainant has forged the signature of accused
on the share certificate of flat No.1 of Sunita Niwas Co. Operative
Housing Society. Lastly, he contended that, the complainant has made
out the
prima-facie case, therefore, process be issued against accused.
5. I would like to state here that, the order of issuance of
process in C. C. bearing No. 252/MISC./2021 is subjudice before the
Hon’ble Bombay High Court in writ petition filed by the complainant. It
is to be noted that, the complainant in support of his case at this stage
not examined Mr. Lobo to substantiate his
prima-facie case. Actual date
of incident regarding taken away the documents by accused is not came
on record. In such circumstances, before passing any order in order to
ascertain the truthfulness of the complaint there should be an
investigation as contemplated under section 202 of Code of Criminal
Procedure is necessary. Therefore, complaint be sent to police station–
Santacruz for inquiry under section 202 of Code of Criminal Procedure.
The P.I. of police station–Santacruz is hereby directed that, he himself
or anybody on his behalf shall make inquiry of the allegations made in
the complaint and send the report under section 202 of Code of
Criminal Procedure, as early as possible.
Mumbai
Date : 18/11/2024.
SRD.
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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