IN THE COURT OF SESSIONS JUDGE THANE,
AT THANE.
Cri. Bail Appln. No. 4434/2021.
Sajid Ahmed Mohammad Yusuf Momin …. Applicant
V/s.
State of Maharashtra
(Nizampura Police Station) …. Respondent
And
Momin Javeed Mohammad Babu,
Age : 63 yrs., Occ.: Business,
R/at. Flat No. 252, Kulsoom Manzil,
Opp. Islampura Masjid, Islampura,
Bhiwandi. …. Intervener /
Original Complainant.
AFFIDAVIT – CUM – OBJECTION
I, Momin Javeed Mohammad Babu, Age : 63 yrs., Occ.: Business, R/at. Flat
No. 252, Kulsoom Manzil, Opp. Islampura Masjid, Islampura, Bhiwandi, Dist.
Thane do hereby state on solemn affirmation as under :
1) I say that I am residing at the above mentioned address and peace loving
citizen. I say that I had made a complaint against the present applicant and
his younger brother namely, Tanveer Ahmed Mohammad Yusuf Momin for
the offence of cheating.
2) I say that there is not only me but also many other persons who has been
duped by these brother duo and therefore, we approached to the Hon’ble
Commissioner, Thane City, At Thane and he directed the concerned
Nizampura Police Station, Bhiwandi to take action. That thereafter, we had
approached the concerned Nizampura Police Station, Bhiwandi and the
matter is presently under investigation and the statement of many persons
are yet to be recorded and therefore, no First Information Report has been
lodged yet by the concerned Nizampura Police Station, Bhiwandi.
3) I say that the crux of my complaint is as under :
a. I say that a H. No. 252, which consisted of Ground Floor + 1 floor, on
which the 2nd Floor was required to be constructed and therefore, on
basis of 50% – 50%, the construction work was given to the said
Tanveer Momin and the entire documentation work was carried out by
the present applicant. I say that the construction work took 6 years but
despite of which the construction work was not completed. I say that
anyhow the construction work was completed and flat Nos. 2,3,4
came in the share of said Tanveer Momin.
b. I say that thereafter, he gave Flat No. 202 to one Akram Mohammad
Mumtaz Shaikh on basis of heavy deposit amounting to Rs. 3,00,000/-
for 22 months on dt. 25/1/2019 and the duration was till 24/11/2020. I
say that the said agreement was duly notarized and after giving the
said flat on heavy deposit basis to the said Akram Shaikh, the builder,
i.e., Tanveer Momin got absconded. I say that thereafter, the said
Akram Shaikh was in dire states and needed money and therefore, he
wanted to vacate the said flat and therefore, he approached to me and
narrated the facts.
c. I say thereafter, one Maroof Mumtaz Ansari was in search of
accommodation on rental heavy deposit basis and looking into their
difficulties, I had intervened and got the said flat vacated from Akram
Shaikh and handed over the same to Maroof Ansari by giving him Rs.
3,00,000/- and since there was leakage, the water proofing need to be
carried out, for which, Rs. 25,000/- extra was handed over and the
water proofing work was done. I say that the license period for
Maroof Ansari was fixed from 15/02/2021 to 14/02/2024 and on dt.
16/02/2021, the possession of the flat was taken and surrender
agreement was executed between me and Akram Shaikh and fresh
leave and license agreement was executed between me and said
Maroof Ansari.
d. I say that, but, on 16/02/2021, one Shakeel Mohammad Yunus Momin
alongwith 4 persons came at the said flat and stated that we had
purchased the flat for Rs. 10,00,000/- and flat belongs to them and
thereafter, broke open the lock and forcefully took the possession of
the said flat. I say that we stated that since last 2 years Akram Shaikh
was residing at the flat and nobody came, but, when he vacated the
flat, you came all of a sudden and stating that you purchased the flat. I
say that thereafter, we demanded any document pertaining to the said
purchase, but no document was shown since the said Shakeel Momin
are relatives and they has been send by the builder, i.e., Tanveer
Momin was proved. I say that the said Tanveer Momin and the
present applicant in collusion among themselves have committed
fraud and cheating with me since the present applicant was looking
after the affairs when the said Tanveer Momin had absconded.
e. I say that I had further made a complaint, in which as per the 50% –
50% ratio of the construction work on 2 ND Floor of H. No. 252, the
flat bearing Nos. 202, 203, 204 came in our share. I say that Flat No.
205 came in my share and Flat No. 201 came in share of my brother
Abbas Babu Momin. I say that with intention of cheating, the said Flat
No. 201 was sold by the said Tanveer Momin to one Farzana Memon
and the said registration was carried out by the present applicant in
collusion with the said Tanveer Momin. I say that furthermore, the
ownership details regarding the said flat was published in the local
news paper and general public at large was requested to not purchase
without prior meeting with the real owner, but, with the use of power
by the present applicant being leader of Nationalist Congress Party
and also an advocate, he succeeded in carrying out registration.
f. I say that I had stopped the said Tanveer Momin and the present
applicant from taking forceful possession of the terrace of the said H.
No. 252 and on which, the present applicant is threatening for dire
consequences by implicating me and other persons in false and
frivolous matters since Nationalist Congress Party holds Home
Department portfolio.
4) I say that in view of the above facts and circumstances, I remain with no
other option but to knock the door of this Hon’ble Court since the present
applicant has approached this Hon’ble Court for seeking anticipatory bail
and if he is granted bail then it is likely apprehension that he may flee away,
as he had failed and neglected to approach the concerned Nizampura Police
Station, Bhiwandi for investigation when called for and therefore, the
intervener / original complainant remains with no other option to approach
this Hon’ble Court to reject the present anticipatory bail application
alongwith exemplary costs.
5) It is therefore prays that the anticipatory bail application be rejected
alongwith exemplary costs, in the interest of justice.
Whatever stated hereinabove foregoing paras are true and correct to the best of
my knowledge and belief.
Solemnly affirmed at Thane on this 6TH day of January, 2022.
Identified by me :
__________________
Adv. ___________________________
Javeed Mohammad Babu Momin
