Interim Order 1

Order Details: Order below Ex-1
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.413/SW/2018
Kunal Thakker …. Complainant
V/s.
Rekha Agarwal …. Accused
ORDER BELOW EXH.NO.1.
(Passed on 18/02/2026)
This is a private complaint wherein the complainant alleged
that the accused committed bigamy and cheating with him by
suppressing her prior marriage. The complainant alleged that the
accused committed cheating by purchasing flat and golden ornaments
with the help of the amount given by the complainant. Thus, according
to the complainant, the accused committed offence under section 415,
417, 420, 494 and 495 of Indian Penal Code.
2. After recording the verification of the complainant, the
learned Predecessor of this Court passed the order on 29/11/2018 and
thereby called the report under section 202 of the Code of Criminal
Procedure from Police Station Versova.
3. The concerned Police Station filed the report under section
202 of the Code of Criminal Procedure on 28/05/2019. This report
discloses that there is substance in the complaint.
4. Having gone through the averments made on oath and the
relevant documents, I heard the learned advocate for the complainant.
The alleged offence appears to be cognizable.
5. In the case of Sri Basanagauda R. Patil (Yatnal) Vs Sri
Shivananda S. Patil (Criminal Petition No.7526 of 2024 decided on
27/09/2024) the Hon'ble Karnataka High Court observed that
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“A complaint is presented before the Magistrate under section 223 of
the Bharatiya Nagarik Suraksha Sanhita; on presentation of the
complaint, it would be a duty of the Magistrate, concerned Court to
examine the complainant on oath, which would be his sworn statement
and examine the witness present if any, and the substance of such
examination should be reduced into writing. The question of taking of
cognizance would not arise at this juncture. The Magistrate has to, in
terms of the proviso, issue a notice to the accused who is given an
opportunity of being heard. Therefore, notice shall be issued to the
accused at that stage and after hearing the accused, take cognizance
and regulate its procedure thereafter”.
6. In view of the ratio laid down in the citation
supra and the
provisions of section 223 of the Bharatiya Nagarik Suraksha Sanhita,
this Court is of humble opinion that taking of cognizance under section
223 of the Bharatiya Nagarik Suraksha Sanhita would come after
recording the sworn statement of the complainant and the witness if
any. Hence, I proceed to pass the following order:
ORDER
Issue notice to the accused.
Sd/-
(Sujitkumar C. Tayde)
Judicial Magistrate First Class,
DATE: 18/02/2026. 44th Court, Andheri, Mumbai.
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