Final Order 1

Order Details: Order Below EX 1
Pdf Text: CR NO. MHMM18-008698-2024 C.C.NO. 1718/Misc/2024
ORDER BELOW EX.-1
Complainant on 11.06.2024 has filed the complaint
U/sec.341, 323, 324, 441, 452, 458, 506, 506(2) of IPC against Vijay
Ridlan. Initially the prayer for investigation by police U/sec. 156(3) of
Crpc. Came to be rejected and matter kept for verification of
complainant.
The Complainant on 24.12.2024 filed his verification
statement at Exh.2. On 20.01.2025. The report of inquiry U/sec. 202
of Crpc. Has been called accordingly BKC police have submitted their
report U/sec. 202 of Crpc. At Exh.3. Thereafter On 24.12.2025 the
complainant has filed the protest petition at Exh.4 and also filed
affidavit of Ram Niwas Bidlan at Exh.5 and also placed on record
electricity bills and the copies of notary registers. According to
complainant he has purchased the hut form Rakesh Sarasar between
chawl no. 5 and 17 Walmiki Nagar, Bandra East for Rs.07,50,000/- and
On 22.11.2023 he took possession of said hut.
It is further contended that after few days he went at his
above room and found the two persons by name Ramnath Choudhary
and his son Sunny choudhary were living in the said room. Upon
inquiry they told him that the said room has been let out by Vijay Ridlan
to them. Vijay Ridlan came their and abuse the complainant in fealty
language. Thus, according to complainant, by fabricating false
document accused Vijay Ridlan has took illegal possesion of the said
room and let out to Ramnath Chaudhary and Sunny Chaudhary.
The complainant in his verification statement at Exh.2
reiterated the allegations of complaint. He also relied on the copies of
-- 1 of 3 --
electricity bills and affidavit of Ram Niwas Bidlan.
Ld. Adv. Shri. Dubey for complainant submits that the
complainant has purchased the disputed room from Rakesh Sarasar on
21.11.2023 for the I. 07,50,000/-. Accused encroached upon the room
and illegally let out the same. He also relied on the electricity bills in
support of his contention which were in the name of Rakesh Sarasar.
Lastly he prayed that the report U/sec. 202 of Crpc. Be set aside and
process against accused be issued.
BKC Police filed report dtd. 20.08.2025 which is at Exh.3
where is during inquiry police revealed that the disputed room was sold
out by his original owner in the year 2006 to HDIL company for I.
02,75,000/-. Further the offense against the company was registered
therefore the company has handed over possession of the room the
society of the respondents. Further, since 2011 Sunny Deole Chaudhary
and Ramnath Chaudhary are using the same room and they are
continuously paying rent to Vijay Ridlan. It is further came in the
inquiry that the respondents was not present on the spot at relevant
time and he has not abused the complainant nor he threatened. The
report further shows that in the year 2006 the owner of the room has
sold out the room to HDIL Company therefore the contention of
respondent that he has purchased the room in the year 2014 is also not
digestible. Therefore the police contended that in their inquiry no
substance found in the case of complainant.
It is to be noted that from the inquiry by police the
transaction in respect of the room was taken placed in the year 2006
with HDIL company and after litigation HDIL company has handed over
the room to the society. Therefore, how Rakesh Sarasar was became
owner of the room is not clarified by the complainant. Further, so called
agreement with complainant by Rakesh Sarasar is also clouded with
-- 2 of 3 --
doubt. Therefore, merely relying on the contention of complainant it
can not be said that accused tress-ed passed upon room and abused the
complainant and beaten him. So far as the alleged incident is concern
no specific date, time has been referred by the complainant in
complaint. The complainant felled to prove prima facie case against the
accused. Further, the complainant has not examined alleged previous
owner Rakesh Sarasar. The affidavit of witness also not useful to the
complainant. Therefore, I proceed to pass following order.
ORDER
1. The complaint is dismissed U/sec. 203 of Crpc.
Date :02/03/2026.
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
Date :02/03/2026.
Dictated on :- 02/03/2026.
Transcribed on :- 02/03/2026.
Checked on :- 02/03/2026.
Signed on :- 02/03/2026.
-- 3 of 3 --