Interim Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 150 SW 2022 Vijaylaxmi Vs Ramesh
CNR No.MHMM18-011635-2022
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the complainant.
2. This is an application under Section 156(3) of Code of Criminal
Procedure, seeking direction to register the offence against the respondent
and carry out investigation in the alleged acts.
3. The application is supported by affidavit. Compliance of Section
154(2) done. Offences are cognizable in nature. Thus, the basic
requirements are satisfied.
4. It is contended that applicant is the niece of Ms. Leela Govind
Menon, who owned and occupied property i.e. bunglow situated at Water
Field Road, Bandra West, Mumbai. It is two storied building. Ms. Leela
Menon, rented the ground floor to respondent for running his jewellery
shop. She executed will in favour of applicant and bequeathed said
property in favour of applicant.
Ms. Leela Menon, died on 26.02.2022. During her life time the
respondent served a letter on her on 11.08.2015, and claimed she executed
M.O.U. on 24.07.2005, in favour of respondent and agreed to sell it to
respondent. During her lifetime she objected to it. It is also contended that
some proceedings in the Civil Court, are also going on.
5. It is submitted that said document is forged. Investigation through
police is necessary for asserting his genuineness. Admittedly, all the
transactions are very old. Further, all the allegations are based on
documentary evidence. It is necessary to take into account that during her
lifetime Ms. Leela Menon, not raised any serious objection. The relief
claimed have serious consequences. These aspects compels to assert the
genuineness of the allegations and verify whether the facts pleaded
genuinely made out criminal nature of the matter. Therefore, directions
sought for can not be issued.
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C. C. No. 150 SW 2022 Vijaylaxmi Vs Ramesh
CNR No.MHMM18-011635-2022
6. The application reflects that grounds sought for investigation is
only for taking signature samples of concerned parties. All the documents
are in custody of either applicant or respondent. If any such a need is felt
regarding additional evidence, the investigation can be ordered under
Section 202 of Code of Criminal Procedure. As such prayer can not be
granted for recording of verification will serve the purpose. Therefore,
order -
ORDER
Prayer for registration of offence and directing investigation as per
Section 156(3) of Code of Criminal Procedure is rejected. Matter is kept
for recording of verification of complainant.
MUMBAI (KOMALSING RAJPUT)
DATE – 14.12.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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