Final Order 1

Order Details: Order below Ex-1
Pdf Text: 1 C. C. No. 531 / SW / 2018
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
RAILWAY COURT, ANDHERI, MUMBAI
C. C. No. 531 / SW / 2018
Anjum Sahre Sayed + 1 … Complainant
V/s.
M/s. Phoenix Reality and Infra + 5 ...Accused
ORDER BELOW EXH. 1
1. Perused the record. Read complaint. The complainant
has prayed to issue process against accused for the offences punishable
under Sections 403, 406, 420, 499 and 500 read with Section 34 of the
Indian Penal Code. I have also gone through the inquiry report dated
14/10/2021 filed by the police under Section 202 of the Code of
Criminal Procedure.
2. Perusing the documents alongwith the complaint. It is
seen that the complainant is an accused is F.I.R. lodged by present
accused at Bhayander Police Station bearing No. 36/2017. It is
submission of the complainant that she has given some amount to
accused no. 1 and that amount is returned through accused no. 1.
Accordingly, Memorandum of Understanding was executed. Lateron
amount of Rs. 15 Lacs was paid to complainant from different accounts
which complainant came to know were transferred by accused no. 6,
who has registered the F.I.R. at Bhayander Police Station against the
complainant. Complainant submits that accused no. 6 filing an F.I.R.
has stated some fabricated story of Travel Agency and unnecessarily
dragged her in the matter. Accordingly, these accused have cheated,
harass and defame her.
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2 C. C. No. 531 / SW / 2018
3. Perusing contents in the complaint alongwith the F.I.R.
registered in Bhayander Police Station bearing No. 36/2017, it is seen
that matter is already registered at Bhayander Police Station and
chargesheet is filed before concerned Court and it subjudice before
that Court. Perusing contents in the complaint, it is seen that the
complainant is alleging that the said F.I.R. is false. Matter of
truthfulness of the contents of that F.I.R. cannot be decided by filing
another complaint at different jurisdiction. Same can be decided by
the same Court in the same proceeding under different provisions of
law. Upon general perusal of the complaint, it is seen that the same is
filed to pressurize the parties. Moreover, the said amount which was
already transferred to the complainant is freezed in her own account.
Therefore, there is no reason to consider that the complainant is being
cheated and all the facts are still open to be adjudicated by the
concerned court.
4. Perusing primafacie evidence before this Court, there is
nothing on record to show that the accused has committed any offence
as alleged by complainant. Moreover, as the matter is subjudice
before concerned Court there is no reason before me to interfere in its
jurisdiction. Considering the record, I am of the opinion that there are
no sufficient grounds to proceed against any of the accused.
Therefore, the complaint is dismissed vide Section 203 of the Code of
Criminal Procedure. Proceeding is closed.
(Nilesh V. Bansal)
Metropolitan Magistrate,
Date : 09/05/2023 Railway Court, Andheri, Mumbai.
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