IN THE COURT OF JUDICIAL MAGISTRATE
FIRST CLASS, BHIWANDI AT BHIWANDI.
CRIMINAL CASE NUMBER ____/2022
AFROZ BANO TASLIM KHAN @ AFROZ BANO W/O. ARIF
SHAIKH,
age about 36 years, Adult, Indian Inhabitant, Occupation : House Wife,
Holder of Aadhar Card number 933 – 3840 – 8444, having permanent
address at Khalid Bhai Building, 2ND Floor, Baraf Gully, Bhiwandi, District :
Thane Pin code : 421 302, having mobile number 8208452857.
……Complainant
V/s
1) TANVEER YUSUF MOMIN, Age : Adult, Indian Inhabitant,
Occupation : Business, 2) ADV. SAJID MOHAMMAD YUSUF MOMIN,
Age : Adult, Indian Inhabitant, Occupation : Business / Legal Practitioner and
3) UZMA TANVEER MOMIN, Age : Adult, Indian Inhabitant, Occupation :
House Wife, having permanent address at 07, Islampura, Bhiwandi, District :
Thane Pin code : 421 302. ……
Accused
COMPLAINT UNDER SECTION 156(3) OF
CODE OF CRIMINAL PROCEDURE IS AS
UNDER: -
MAY IT PLEASE YOUR HONOUR
1. That the above name complainant AFROZ BANO TASLIM KHAN @ AFROZ
BANO W/O. ARIF SHAIKH resides at above mentioned address along with
her parents, husband and children and presently depending upon her
husband for their livelihood and she is a diabetic and blood pressure patient.
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2. The Accused Nos. 1 and 2 are real brothers and the accused No. 3 is the wife of
the Accused No. 1. The accused in collusion among themselves have cheated
the present complainant and many other persons and the accused No. 1 is
presently absconding.
3. The complainant has made complaint against the present accused, his wife
and elder brother, i.e., accused Nos. 1 to 3 for the offence like selling the flat
on ownership basis not owned by them and taking Rs. 5,44,000/- towards sale
consideration amount and not handing over possession of the flat and
therefore, have cheated the complainant.
4. That the crux of the present complaint is as under :
a. The complainant have purchased a Flat bearing No. 303 in a building
situated at Bala Compound, Bhiwandi, Dist. Thane, admeasuring about
525 sq. fts., constructed on the land bearing No. 541/B, lying being and
situated at Mauje Nizampura, Tal: Bhiwandi, Dist. Thane for sale
amount of Rs. 8,92,000/- from the accused No. 1 and after due survey
of the said flat and location, the complainant had paid Rs. 1,50,000/-
as and by way of earnest money and thereafter, issued cheques of Dena
Bank, Bhiwandi as mentioned hereunder :
Sr.
Cheque No. Date Amount
No.
1 97976 05/01/2017 R48,000/-
2 97977 16/01/2017 R48,000/-
3 97978 24/01/2017 R48,000/-
4 97983 18/05/2017 R50,000/-
5 97980 18/05/2017 R50,000/-
6 97971 18/05/2017 R50,000/-
7 97984 18/05/2017 R50,000/-
8 97986 23/10/2017 R50,000/-
TOTAL AMOUNT R3,94,000/-
The total amount received till date by the accused No. 1 is
R1,50,000/- + R3,94,000/- = R5,44,000/-. That thereafter, the
accused No. 1 got prepared a Agreement to Sale (Sathe Karar) and after
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which, it was also agreed that within 22 months from the date of
execution of the said Agreement to Sale, the possession of the aforesaid
flat bearing No. 303 and as there was no accommodation available for
the complainant, the accused No. 1 has arranged for a accommodation
at Baraf Gully, Bhiwandi on 2ND Floor on rental basis, for which, the
present complainant need not pay a single penny towards the rent /
license fee as and by way of Shifting.
b. That till date, the accused No. 1 has not given the possession of the said
flat and therefore, the present complainant didn’t vacated the flat at
Baraf Gully provided as and by way of Shifting, on which, the accused
Nos. 2 and 3 came and asked to vacate the said flat and on failure to do
so, they threatened to throw away the house hold articles and furniture
and further, the accused No. 2 threatened “Agar tu Police Station
mein complaint kari toh tera paisa doob gaya” and abused the
complainant in filthy language and threatened to assault and beat the
complainant.
c. That in meantime, it was revealed that the said flat No. 303 was not
owned by the accused No. 1, but, some third party and therefore, it was
crystal clear before the eye of the present complainant that she has
been cheated and forged document has been prepared by the accused
Nos. 2 and 3. That thereafter, the complainant has demanded the
money back and on which, the accused No. 1 issued a cheque of
R50,000/- of HDFC Bank to the complainant, but, the same got
bounced / dishonoured.
d. That thereafter, the accused No. 1 failed and neglected to provide
possession of the said flat No. 303 to the present intervener within 22
months and therefore, since last 4 years, the complainant is running
pillar to post to get her hard earned money back.
e. That it is crystal clear that in collusion among the accused, they have
cheated and threatened the present complainant and therefore, she
remained with no other option but to knock the door of the concerned
Nizampura Police Station, Bhiwandi since the office of the accused Nos.
1 and 2 is beside to each other and within the jurisdiction of Nizampura
Police Station, Bhiwandi and all transactions has took place in the said
offices.
f. That thereafter, the complainant approached the concerned Nizampura
Police Station, Bhiwandi but no complaint was taken from the
complainant since the accused No. 2 is an advocate and also the leader
of Nationalist Congress Party and boasting of his political links, i.e.,
home department being under the Nationalist Congress Party.
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5. That it is not only the present complainant but also many other persons who
have been duped by these brother duo and therefore, the complainant
alongwith other persons have approached the office of the Hon’ble
Commissioner of Police, Thane City, At Thane and there they have met the
Hon’ble Addl. Commissioner of Police (West Region), Thane City at Thane,
Shri Anil Kumbhare Sir, who was pleased to direct the concerned Assistant
Commissioner of Police, Bhiwandi West Division, At Bhiwandi to take
personal attention and take necessary action.
6. That thereafter, the complainant had approached the concerned Assistant
Commissioner of Police, Bhiwandi West Division, At Bhiwandi, who had
directed the Senior Police Inspector, Nizampura Police Station, Bhiwandi to
record necessary statement and register First Information Report, but, the
concerned Nizampura Police Station has only recorded statements of some of
the complainant and the matter is presently under investigation since
statement of some of the complainant are yet to be recorded and therefore, no
First Information Report has yet been registered by the concerned Nizampura
Police Station, Bhiwandi.
7. That in meantime, the accused No. 1 preferred anticipatory bail application
bearing Criminal Bail Application No. 665/2022 before the Hon’ble District
Judge – 1 & Addl. Sessions Judge Thane at Thane on 18/02/2022, which is
still pending and similarly, the accused No. 2 preferred anticipatory bail
application bearing Criminal Bail Application No. 4434/2021 before the
Hon’ble District Judge – 1 & Addl. Sessions Judge Thane at Thane on
22/12/2021, which is still pending. It is pertinent to note that after
intervention of the present complainant and other complainants approached
the Hon’ble District & Sessions Court at Thane through their Advocate Shri
Bharat H. Parwani and Advocate Sharda More and after listening to them, the
Hon’ble Court was pleased to reject the Interim Anticipatory Bail Application
of the accused Nos. 1 & 2 . The copies of the application for interim
Anticipatory Bail and order passed below and the same is annexed herewith
the present complaint.
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8. It is pertinent to note that in both the above anticipatory bail applications, the
concerned Nizampura Police Station has specifically stated in their say that
these accused are not co – operating with the investigation machinery despite
of repeated phone calls, which is to be considered, as the same is filed before
the Hon’ble District & Sessions Court Thane at Thane.
9. That from the total behaviour on the part of the accused the complainant has
come to an inference that the accused has done so with a view to deceiving and
cheating the complainant.
10. That it also appears that the intention of the accused were not good AND the
accused has committed not only a civil breach but also a criminal offence
within the provision, meaning and interpretation of Civil as well as Criminal
Law.
11. The police has not paid any attention to the serious of complaints filed one
after the another
12. There is no other remedy available to the Complainant
13. The accused has not paid any heed to the requests of the complainant and
deliberately the accused have committed an offence u/s 406, 415, 417, 420,
423, 425, 426, 464, 465, 468, 470, 471, 120-B OF INDIA PENAL CODE read
with Section 3 of the MAHARASHTRA OWNERSHIP OF FLAT ACT - 1963.
14. It is therefore requested that the charge be applied to the Accused, under
Sections 406, 415, 417, 420, 423, 425, 426, 464, 465, 468, 470, 471, 120-B OF
INDIA PENAL CODE read with Section 3 of the MAHARASHTRA
OWNERSHIP OF FLAT ACT – 1963 be levied against the accused.
15. I further pray that this Complaint has been lodged in the jurisdiction of this
Honourable Court.
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16. Accused took advantage of the Covid Pandemic period
17. The Complainant prays that the accused be tried as per law and the
complainant be granted appropriate relief
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The Complainant, therefore, prays that:-
(a) This Hon’ble Court be pleased to take the cognizance of the above
Complaint as per Section 156(3) of Code of Criminal Procedure, 1973
and be further pleased to issue process against the Accused and he be
dealt in accordance with the law;
(b) Any other just and further relief this Hon’ble Court may deem fit and
proper.
For this Act of kindness, we shall ever duty bound pray.
Dated this ______ day of November 2021.
___________
Complainant
___________________
Advocate for Complainant.
VERIFICATION
I , AFROZ BANO TASLIM KHAN @ AFROZ BANO W/O. ARIF
SHAIKH, age about 36 years, Adult, Indian Inhabitant, Occupation : House
Wife, Holder of Aadhar Card number 933 – 3840 – 8444, having
permanent address at Khalid Bhai Building, 2 ND Floor, Baraf Gully, Bhiwandi,
District : Thane Pin code : 421 302, having mobile number 8208452857, the
Complainant do hereby state on solemn affirmation, that whatever stated
herein above is true and correct to the best of my knowledge and belief.
Filed in the court
On __/04/2022
________________
Complainant
___________________
Advocate for Complainant
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IN THE COURT OF JUDICIAL MAGISTRATE
FIRST CLASS, BHIWANDI AT BHIWANDI.
CRIMINAL CASE NUMBER ____/2022
AFROZ BANO TASLIM KHAN @ AFROZ BANO W/O. ARIF
SHAIKH,
……Complainant
V/s
TANVEER YUSUF MOMIN
& 2 Others ……Accused
LIST OF DOCUMENTS
a.
Filed in the court
On __/04/2022
________________
Adv. for Complainant
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IN THE COURT OF JUDICIAL MAGISTRATE
FIRST CLASS, BHIWANDI AT BHIWANDI.
CRIMINAL CASE NUMBER ____/2022
AFROZ BANO TASLIM KHAN @ AFROZ BANO W/O. ARIF
SHAIKH,
……Complainant
V/s
TANVEER YUSUF MOMIN
& 2 Others ……Accused
MEMO OF ADDRESS
The Complainant resides at,
KHALID BHAI BUILDING,
2ND FLOOR, BARAF GULLY,
BHIWANDI, DISTRICT :
THANE – 421 302,
MOBILE NUMBER:
8208452857.
Filed in the court
On __/04/2022
________________
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Adv. for Complainant
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