Order 1

Order Details: Order below Ex-1
Pdf Text: C. C. No. 408 / SW / 2018.
ORDER BELOW EXH. 1
(Passed on 16.12.2019)
Instant complaint has been filed by complainant Suchitra
Krishnamoorthi Kapur against proposed accused nos.1 to 3 for the
offences under sections 420, 504, 506(I) of I. P. C. On the basis of
verification statement the matter was referred to Juhu Police
Station for inquiry under section 202 of Cr. P. C. vide order
dtd.26.10.2018. As a sequel of that Juhu Police Station vide report
under section 202 of Cr. P. C. vide Exh.5 and informed this Court
that no alleged offences are made out. In support of this complaint
the complainant has filed various documents including copy of
decree, copy of shop and establishment certificate, copy of
electricity bill, copy of letter issued by society, copy of written
Police complaint and list of witnesses. I have heard Ld. Senior
Advocate Mrs. Bakshi for complainant at length. I have gone
through the documents and other material on record very
minutely and carefully.
2 From the repeated minute perusal of Police report under
section 202 of Cr. P. C., it is apparent that by conducting inquiry
the Inquiry Officer has opined that no alleged offences are made
out against accused persons. In his report he has referred about
divorce by mutual consent and sub-sequential arrangement
between parties. Noticeably, the complainant has not made any
protest application to the negative report submitted by Police. As
such without any requisite protest disbelieving the said report
would not be well justified. Thus, considering the facts and
circumstances of the matter, the material placed on record is
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insufficient to make out the offences against accused persons. To
redress the grievances of complainant, if any, an opportunity to
her for leading evidence would be well justified and would
certainly meet with the ends of justice. Hence, I am satisfied to
pass following order -
O R D E R
The complainant shall adduce her evidence as well as
evidence of her cited witnesses on oath in support of her
complaint.
Dt. 16.12.2019 (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
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