Full Order Text
Order 1 · 14 Dec 2022 · CNR MHMM180116352022
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. -- 1 of 2 -- 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 -- 2 of 2 --