Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 139 SW 2024 Nirmala Vs Sunil and ors.
CNR-MHMM18-012013-2024
ORDER BELOW EXH.1
1. Perused record. Heard Ld. Advocate for the applicants.
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 the Respondent No.1, is the
son of Applicant No.1 and brother of Applicant No.2. Late Mr. Pritamdas
Gobindram Lalwani, the father of Applicant No.2 and Respondent No.1,
purchased property i.e. a flat on 02.06.1985, at New Jaldarshan C.H.S.,
Perry Cross Road, Bandra West, Mumbai. The respondent is the eldest
son of Late Mr. Pritamdas. After his marriage he left Mumbai and shifted
to other places, mainly at Nashik and Deharadun, Uttarakhand, residing
there since last 35 plus years with his wife and other family members.
During this long span of time he had taken no care of applicant mother or
his deceased father.
5. Recently, he shifted to Mumbai and started harassing applicants.
He repeatedly tried to forcefully enter into the flat and committed several
mischiefs. He was abusing the applicants, causing nuisance and
threatening to dispossess them from the property. Other respondents were
also accompanying him and doing same acts. They were trying to remove
the applicants from the flat and forcefully attempting to remove them
from house. The applicants personally, through police and by sending
notice repeatedly asked respondents to approach Civil Court, for
vindication of grievances, but no purpose served. Page - 1/3
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C. C. No. 139 SW 2024 Nirmala Vs Sunil and ors.
CNR-MHMM18-012013-2024
6. In the month of August 2024, all the respondents came to the flat.
They made aggression and broke open forcefully the security lock of the
door and made entry into the flat. While entering into flat they quarreled
with the applicants, they abused and threatened them. Then they
forcefully taken possession of the part of the flat and started residing
there. They also damaged the house articles and caused nuisance. They
also partitioned the flat and doing several other acts.
7. The Applicant No.1, is aged and of 85 years. The Applicant No.2,
is also senior citizen and aged 58 years. The forceful possession of the
part of house and other acts constitutes non-bailable offences. Therefore,
applicants approached police, but no purpose served. Therefore, they
approached this court.
8. After going through the contents of the application there found
substance in the allegations. The pen drive containing video captured by
C.C. T.V. cameras was also gone through. This video and other
documents clearly show that respondents caused trespass and other acts
constituting cognizable offences. However, despite approach, concerned
police station took no action. The offence is bound to be registered and
needs thorough investigation for collection of evidence. Considering the
nature of allegations and these aspects, the application needs to be
allowed and hence, following order -
ORDER
A. Application is allowed.
B. The P.S.O. Bandra Police Station, Bandra, Mumbai, is herewith
directed to register the offence under Sections 323, 341, 441, 452, 506
r/w.34 of Indian Penal Code and investigate the matter as per Section
175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
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C. C. No. 139 SW 2024 Nirmala Vs Sunil and ors.
CNR-MHMM18-012013-2024
C. The certified copy of the application, Exh.1 along with all the
documents produced shall be sent to concerned police station.
D. Application is disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 27.12.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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