Friday, 2 December, 2022

Court orders issuance of process against Mumbai builder

– Police turned down Home Byer’s plea to register FIR.

Mumbai, September 30.

The Court of Metropolitan Magistrate, 67th Court, Borivali passed an order on 27.09.2022 for commencement of criminal proceedings under section 420 of IPC against Mr Dilip Soni, Mr Mahendra Soni and one of the prominent developers of Mumbai & its suburbs – M/s Kabra & Associates, a partnership firm having office in Fort, Mumbai and Mr Kamal Kishore Kabra and Mr Gautam Kabra as partners against a complaint filed by an Australian couple and senior citizens Mrs & Mr Rajkumar.

The complainants first complained to Police about fraud, cheating and criminal intimidation by Kabra & Associates in 2015. However, aggrieved by continued inaction by Goregaon Police Station in registering FIR, the complainants were left with no option but to knock the doors of court seeking justice. The complainants alleges that they were cheated and duped by Kabra & Associates of crores of rupees of their hard earned money in respect of a property purchased by them in Kabra Vihang Project, Near Vivek College situated in Goregaon.

Mr. Chetan Kavdia, Advocate for the complainants & Managing Attorney of a Mumbai based law firm Secure Legal & Associates said that the Goregaon PSO in their report submitted to the Hon’ble Metropolitan Magistrate Court concluded that no prima-facie case is made out against the Builder. However, the Hon’ble Court observed in its order that there is sufficient material which came on record to issue process against the accused.

Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of cognizable offence. It is disheartening that the Police does not register FIR in such cases and common man is deprived of speedy justice and therefore, the role of judiciary becomes very important to restore the faith of common man in rule of law, said Mr. Kavdia.

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