Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 103 SW 2024 Khairuddin Vs Mohd. Ismail and anr.
CNR-MHMM18-008704-2024
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. This is an application under Section 175(3) of Bharatiya Nagarik
Suraksha Sanhita, 2023, for short B.N.S.S., seeking direction to register
the offence against the respondents and carry out investigation in the
alleged acts.
3. The application is supported by affidavit. Compliance of Section
173(4) of B.N.S.S., also done. The offences alleged are of cognizable
nature. Thus, all the basic requirements are satisfied.
4. The summary of the allegations is that applicant is owner of Room
No.615, 6th Floor, Samata – B C.H.S., Sangam Galli, Dharavi, Mumbai –
400 017. He purchased it from one Mr. Shaikh Mohd. Anwar Pasha, in
the year 2011. Then in the same year he rented it on 23.04.2011, to
Respondent No.1, Mr. Mohd. Ismail Qureshi S/o. Abdul Gaffar Qureshi.
During his tenancy in the year 2018, said respondent forged Sale Deed
and several other documents about the said property. When applicant
approached the said respondent to vacate the said premises, taking
advantage of these forged documents he refused to vacate it and
threatened of grave consequences. It is alleged that the said respondent
forged those documents with the help of other respondents. The applicant
approached Dharavi Police Station and requested to register the offence,
but no purpose served. Therefore, after taking so many efforts the present
application has been filed before this court seeking direction to register
the offence and investigate the matter realizing that such direction is
necessary.
5. After going through the contents of the complaint/application and
the documents produced it is noticed that applicant has purchased the
disputed property from it’s erstwhile owner and rented it to Respondent
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C. C. No. 103 SW 2024 Khairuddin Vs Mohd. Ismail and anr.
CNR-MHMM18-008704-2024
No.1, Mr. Mohd. Ismail Qureshi S/o. Abdul Gaffar Qureshi. The another
document shows that the said respondent is in possession of the property
on the basis of this document and several other documents were
executed/prepared in his favour. Those documents shows that there is
possibility of forgery and cheating as alleged by the applicant. The
allegations are serious. Their nature shows that they need to be
thoroughly investigated and involves collection of oral and documentary
evidence. Considering all these aspects, following order-
ORDER
A. Application is allowed.
B. The P.S.O. Dharavi Police Station, Dharavi, Mumbai, is herewith
directed to register the offence under Sections 406, 420, 465, 467 and 471
of Indian Penal Code against Respondent No.1, Mr. Mohd. Ismail
Qureshi S/o. Abdul Gaffar Qureshi, and investigate the matter as per
Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
C. The Investigating Officer is at liberty to add any additional accused
persons, if after verifying evidence he comes to conclusion that offence
has been committed there is any other role, which can be attributed to
other respondents.
D. The certified copy of the application Exh.1, along with all the
documents produced shall be sent to concerned police station.
E. Application is disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 10.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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