Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY MOBILE COURT, ANDHERI, MUMBAI
C. C. No. 354 / SW / 2018
Asif Anwar Pawar
Vs.
Kasamali Jiwan + 5
ORDER BELOW EXH.1
This is a complaint filed under section 406, 420, 504, 506
and 120B read with section 34 of the Indian Penal Code. It is
submitted by complainant that he has property at Survey No.11, house
no.1/1 situated at Dhaniv, Tal : Vasai, Dist : Thane mentioned in para
no.2 of the complaint. Accused no.1 to 5 were the owner of abovesaid
property and accused no.6 was power of attorney holder. It was
agreed between him and accused that accused has sell out property to
the complainant and accordingly agreement was registered on
03/12/2008. The complainant submits that he has filed copy of
agreement on record, but perusing the record no such copy was filed
by him. The complainant further submits that he has paid much
amount to the accused and simultaneously gave consideration amount
to accused. Thereafter, after few days he has surprised to know that
said land comes under forest zone. The complainant submits that
accused has deliberately cheated him and deprived him from his title
interest from the said property situated at Vasai which comes under
District Thane. The complainant was directed to argue on jurisdiction
of this court, but despite of giving opportunity, the complainant and
his advocate unable to assign any reason showing jurisdiction of this
court to continue with the complaint. Even jurisdiction of this court is
not mentioned anywhere in the complaint. This court has no
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jurisdiction. This court is not competent to take cognizance in this
case. In the result, the complaint is return to the complainant to
present it in proper court under section 201 of the Code of Criminal
Procedure Code.
(N. V. Bansal)
Metropolitan Magistrate,
Railway Mobile Court,
Date : 14/09/2022 Andheri, Mumbai.
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