Final Order 1

Order Details: Order below Ex-1
Pdf Text: C. C. No. 522 / SW / 2018.
ORDER BELOW EXH. 1.
(Passed on 20.12.2019)
Through this application the complainant Sadanand Mutta
Suvarna intends to set criminal law into motion against the accused
person for the offences under sections 336, 337, 38, 32, 33 r/w 36 of
I. P. C. I have perused the complaint and documents annexed on record.
I have heard Ld. Advocate Mr. J. P. Jayswal for the complainant at
length. The Ld. Advocate for complainant placed his reliance on the
cases of - Alister Pareira Vs. State of Maharashtra, reported in (2012) 2
SCC 648 and P. B. Desai Vs. State of Maharashtra, reported in (2013) 15
SCC 481. I have gone through the facts and ratios of relied cases.
2 From the combined perusal of complaint, statements, medical
papers and bills, copy of Police complaint and supporting affidavit, it is
evident that complaint discloses cognizable offences under sections
336, 337 of I. P. C. however, Juhu Police Station has not taken the
cognizance of the complaint despite of disclosure of cognizable
offences. Hence, considering the factual position before me, relied
judicial ratios and denial on the part of Police authority, I am satisfied
to pass following order under section 156(3) of Cr. P. C. -
O R D E R
The Sr. P. I. of Juhu Police Station is directed under section
156(3) of Cr. P. C. to take cognizance of complaint and investigate the
matter.
Dt. 20.12.2019 (R. R. Khan)
Metropolitan Magistrate,
10th Court, Andheri, Mumbai.
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