BEFORE THE HON’BLE JUDICIAL MAGISTRATE
FIRST CLASS
AT PANVEL
CRIMINAL APPLICATION NO. _____ OF 2020
PrasannaPramod Mishra …
Complainant
Versus
The Senior Police Inspector
Panvel City Police Station&Anr.
…Respondent/Accused
INDEX
Sr Particulars Page No.
No.
1.Application U/s. 156(3) of the
Criminal Procedure Code
2.Copy of the Written Complaint u/s.
154(1) of the Criminal Procedure Code
addressed to the Panvel City Police
Station.
3.Copy of the Written Complaint u/s.
154(3) of the Criminal Procedure Code
addressed to the Superintendent of
Police, NaviMumabi.
BEFORE THE JUDICIAL MAGISTRATE FIRST CLASS
AT PANVEL
CRIMINAL APPLICATION NO. _____ OF 2020
PrasannaPramod Mishra
Flat No. A-102, Bhoomi Tower,
Sector 36, Kamothe, Navi Mumbai … Complainant
Versus
1. The Senior Police Inspector
Panvel City Police Station
746/10, Sai Nagar Rd, Banglow Society,
Old Panvel, Panvel, Navi Mumbai,
Maharashtra 410206.
2. The Superintendent of Police,
Navi Mumbai, Office at Commissioner Office
Sector 10, Opposite RBI, Belapur, Navi Mumbai,
Maharashtra 400 614
3. Poonam Tiwari
4. Vikas Tiwari
Both R/at: Flat No. 103, Ganga of Ganga Jamuna
Co-op.Housing Society, Moraj Riverside Park,
Takka, Panvel, Raigad - 410206
…Respondent/Accused
Application u/s. 156(3) of the Code of Criminal
Procedure, 1973 for registering the First Information
Report for offences committed u/s. u/s. 347, 383,
385, 389, 503, 504 and 509 of the Indian Penal Code
May it please your honour:
1. The Complainant is a partner at JBS Artswill Industries
along with his partner Mr. Sanjay Bhagchand Bhagwat.
They are into the business of interior designing and
modular fittings for commercial spaces. They have
successfully completed renowned projects in Mumbai,
Navi Mumbai and Pune for reputed Offices of Builders,
Logistics Companies etc. One of the Complainant’s
acquaintances Mr. Suresh Tiwari approached him for
interior works at his Flat situated at Flat No. 601 Ganga,
Moraj Riverside Co-operative Society, Takka Village, Old
Panvel (Project Site). Against the said understanding, a
payment of Rs.3,00,000/- (Rupees Three Lakhs Only) was
made. Thereafter, there have been a lot of discussions
and disputes relating to the said project, in relation to
which the Complainant has initiated the appropriate civil
legal remedies for delayed part payment and non-
payment of dues, misbehaviour with workers and Mr.
Bhagwat, however, Poonam Tiwari, wife of Suresh Tiwari
has resorted to illegal and criminal means to harass the
Complainant, his family, his partner and his family.
2. On some time in the first week of December 2019,
Poonam Tiwari wrongfully confined the Complainant to
take in her possession his property for illegally forcing
him to succumb to her demands. She forcefully locked
the Complainant into her flat from inside and took into
possession his car and threatened him that if he does not
give her his car keys she won’t let him go and accuse him
of offences which are extremely harmful to his reputation.
Having left with no other option, the Complainant handed
the accused his car and escaped from the wrongful
confinement.
3. Thereafter, the Complainant has been requesting the
Accused to return his car, however, she has not returned
his car till date. On the contrary she has been
threatening his family by sending them abusive texts and
threatening them that she will cause all of them extreme
loss of reputation and cause them extreme pain and
discomfort.
4. Thus, it is crystal clear that Poonam Tiwari, the Accused
has extorted the Complainant by taking forceful
possession of his car which is a Maroon Color Swift
Desire, Bearing Registration No. MH46BK0132 registered
in his name and threatening him and his family of
causing injury to their reputation.
5. In view of the same, the Complainant approached the
Panvel City Police Station on several occasions to register
a FIR against Poonam Tiwari and enquire the matter and
take necessary steps as per law for all the illegal acts
committed by her. However, till date no action has been
taken by the Panvel Police Station. The Complainant
along with his Partner, give a written complaint to the
Senior PI, Panvel City Police Station on 26 th December
2019. The same was duly received by the Police Station.
A copy of the Police Complaint u/s.154(1) of the Criminal
Procedure Code is hereto annexed.
6. Thereafter, one API Beldar was allotted the case and the
Complainant approached him on the very next day and
continued to follow-up with him till the 5 th January 2020.
The Complainant’s valuable possession has been extorted
and kept in unknown location by the accused, however,
the said API Beldar failed to take any action against the
accused till date. Thereafter, API Beldar giving false
justifications for delay, stating that his Father is unwell
and he is on leave. However, on a visit to the Panvel
Police Station, it was revealed that the said API was very
much on duty. The Complainant is suspecting a foul play
and some compromise in integrity of the said Police
Officer. He intentionally kept delaying the matter
carelessly. He also yelled that the case is prima facie a
civil case and hence he will proceed in the matter at his
convenience.
7. Subsequently, being left with no other option, the
Complainant made a written grievance to the
Superintendent of Police, Navi Mumbai on 6 th January
2020 and requested him to direct the concerned Police
Station to proceed in the matter. A copy of the said
complaint u/s. 154(3) is hereto annexed.
8. The Complainant’s car, which was illegally extorted by
the accused, is still in possession of the accused. Today
the Complainant is running a risk of recovery of his car
and other ancillary damages.
In view of the above, it is humbly prayed before your
honour that:
a. This hon’ble court be pleased to direct the Panvel City
Police Station, Old Panvel to register the FIR and
investigate the subject matter.
b. Such other order as may be in the interest of Justice.
c. Any other equitable and suitable relief which the Hon’ble
Court deems just and proper.
AND FOR THIS ACT OF KINDNESS AS DUTY BOUND
THE COMPLAINANT SHALL EVER PRAY.
Place: Panvel
Date: 15th January 2020
Prasanna P Mishra
Complainant
Advocate for the Complainant
Verification
I Prasanna P Mishra, R/at: Flat No. A-102, Bhoomi
Tower, Sector 36, Kamothe, Navi Mumbai the
Complainant in the present application, do hereby state
that the contents of the present application are true to
the best of my knowledge and belief. I have stated the
contents of the present complaint out of my personal
knowledge and experience.
Prasanna P
Mishra
Complainant
BEFORE THE JUDICIAL MAGISTRATE FIRST CLASS
AT PANVEL
CRIMINAL APPLICATION NO. _____ OF 2020
Prasanna Pramod Mishra … Complainant
Versus
The Senior Police Inspector
Panvel City Police Station&Anr. …Respondent
LIST OF DOCUMENTS
1. Written Complaint u/s. 154(1) of the Criminal Procedure
Code addressed to the Panvel City Police Station.
2. Written Complaint u/s. 154(3) of the Criminal Procedure
Code addressed to the Superintendent of Police, Navi
Mumbai.
3. Identity proof of Complainant.
Place: Panvel
Date: 15th January 2020
Advocate for the Complainant
BEFORE THE JUDICIAL MAGISTRATE FIRST CLASS
AT PANVEL
CRIMINAL APPLICATION NO. _____ OF 2020
Prasanna Pramod Mishra … Complainant
Versus
The Senior Police Inspector
Panvel City Police Station&Anr. …Respondent
DOCUMENT
Written Complaint u/s. 154(3) of the Criminal
Procedure Code addressed to the Superintendent of
Police, Navi Mumbai.
Place: Panvel
Date: 15.01.2020 Advocate for Complainant
BEFORE THE JUDICIAL MAGISTRATE FIRST CLASS
AT PANVEL
CRIMINAL APPLICATION NO. _____ OF 2020
Prasanna Pramod Mishra … Complainant
Versus
The Senior Police Inspector
Panvel City Police Station&Anr. …Respondent
DOCUMENT
Place: Panvel
Date: 15.01.2020 Advocate for Complainant
BEFORE THE JUDICIAL MAGISTRATE FIRST CLASS
AT PANVEL
CRIMINAL APPLICATION NO. _____ OF 2020
Prasanna Pramod Mishra … Complainant
Versus
The Senior Police Inspector
Panvel City Police Station&Anr. …Respondent
MEMORANDUM OF ADDRESS OF THE OPPONENTS:
The registered address of the Complainant for the
purpose of service etc, i.e:
Prasanna P Mishra
R/at: Flat No. A-102,
Bhoomi Tower, Sector 36,
Kamothe, Navi Mumbai
Complainant hereby agrees that he will inform the
Hon’ble court in case of change in address.
Place: Panvel
Date: 15.01.2020 Advocate for Complainant
BEFORE THE JUDICIAL MAGISTRATE FIRST CLASS
AT PANVEL
CRIMINAL APPLICATION NO. _____ OF 2020
PrasannaPramod Mishra … Complainant
Versus
The Senior Police Inspector
Panvel City Police Station&Anr.
… Respondent/Acussed
AFFIDAVIT IN SUPPORT
I, Mr. Prasanna Pramod Mishra, Age- yrs, R/at: Flat
No. A-102, Bhoomi Tower, Sector 36, Kamothe, Navi
Mumbai, the Complainant herein above do hereby
solemnly affirm and state as under:
1. That I am the Complainant in the accompanying
Complaint filed under sections u/s. 156(3) of the Code of
Criminal Procedure, 1973 for registering the First
Information Report for offences committed by the accused
u/s. 347, 383, 385, 389, 503, 504 and 509 of the Indian
Penal Code.
2. That I am conversant with the facts and
circumstances of the case hence I am competent to swear
this affidavit. The details provided in the accompanying
Complaint for the grant relief under section 156(3) Of
Code of Criminal Procedure Code, 1973 have been
entered into by me at my instructions.
3. That the contents of the Complaint have been read
over, explained to me in English and may be read as part
of this affidavit and are not repeated herein for the sake
of brevity.
4. Whatever stated in foregoing paragraphs no. 1 to 8
is true and correct as per my knowledge and belief and
nothing material has been concealed wherefrom.
Place: Panvel
Date: 15.01.2020 Mr. Prasanna Pramod Mishra
Deponent
VERIFICATION
I, Mr. Prasanna Pramod Mishra, Age- yrs, R/at:
Flat No. A-102, Bhoomi Tower, Sector 36, Kamothe, Navi
Mumbai, the Respondent above named do hereby state
on solemn affirmation that whatever stated in the
aforesaid paragraphs of the Affidavit are true and correct
to the best of my knowledge and belief which I believe
the same to be true and correct.
Place: Panvel
Date: 15.01.2020
Mr. Prasanna Pramod Mishra
Deponent.
Identified by me,
Mr. Tanmay Thalkar
Advocate for the Complainant.
THALKAR & ASSOCIATES
Shop No. 114, 1st Floor,
Municipal Shopping Complex
Panvel – 410 206.
Contact: 8898599098/9029675707
