Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 130 SW 2024 Maharukh Vs Nadir and ors.
CNR-MHMM18-010898-2024
ORDER BELOW EXH.1
1. Perused record. Ld. Advocate Shri. Dnyaneshwar Jadhav, present
for applicant/complainant.
2. Ld. Advocate brought to notice that the First Information Report in
respect of the allegations already registered. He further submitted that in
the said First Information Report however, allegations pertaining to
incidence dated 21.05.2024, are not mentioned and may not be
investigated into. Therefore, further orders in that regard necessary.
3. Section 233 of Bharatiya Nagarik Suraksha Sanhita, for short
B.N.S.S. (erstwhile Section 210 of Code of Criminal Procedure), is very
much clear in this regard when investigation is going on in any particular
matter and private complaint is filed, the court conducting inquiry of
private complaint shall stay the proceeding of such inquiry or trial and
call report on the matter from the police officer conducting such
investigation.
4. As stated above, the First Information Report already lodged and
the investigation is already going on in respect of allegations pleaded, the
matter needs to be stayed till the filing of the report by the Investigating
Officer. The concern raised by Ld. Advocate can be addressed by
directing Investigating Officer, to investigate the allegations pertaining to
incidence dated 21.05.2024, as pleaded in Para. No.38, of the present
application. Therefore, following order -
ORDER
A. The proceeding of the said matter is stayed upto the filing of final
report by concerned Investigating Officer of crime, bearing C.R.No.1188
of 2024, registered with Bandra Police Station, Mumbai.
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C. C. No. 130 SW 2024 Maharukh Vs Nadir and ors.
CNR-MHMM18-010898-2024
B. It is directed to said Investigating Officer that he should investigate
into allegations pertaining to incidence dated 21.05.2024, as pleaded in
Para. No.38, of the present application.
C. Copy of this application along with all the documents shall be sent
to concerned police station.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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