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

AFFIDAVIT

I , AFROZ BANO TASLIM KHAN @ AFROZ BANO W/O. ARIF

SHAIKH, age about 36 years, Adult, Indian Inhabitant, Occupation : House
Wife, the complainant, do hereby state on solemn affirmation, that :

1. I say that I reside at above mentioned address along with my parents, husband
and children and presently depending upon my husband for their livelihood
and I am a diabetic and blood pressure patient.

2. I say that the Accused Nos. 1 and 2 are real brothers and the accused No. 3 is
the wife of the Accused No. 1. I say that the accused in collusion among
themselves have cheated me and many other persons and the accused No. 1 is
presently absconding.

3. I say that I have 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.

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4. I say that the crux of the present complaint is as under :

a. I say that I 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, I 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/-

I say that 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
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
me, the accused No. 1 has arranged for a accommodation at Baraf
Gully, Bhiwandi on 2ND Floor on rental basis, for which, I need not pay
a single penny towards the rent / license fee as and by way of Shifting.

b. I say that till date, the accused No. 1 has not given the possession of the
said flat and therefore, I 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 me in
filthy language and threatened to assault and beat me.

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 c. I say 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 my eye that I has been cheated and forged
document has been prepared by the accused Nos. 2 and 3. That
thereafter, I has demanded the money back and on which, the accused
No. 1 issued a cheque of R50,000/- of HDFC Bank to me, but, the same
got bounced / dishonoured.

d. I say that thereafter, the accused No. 1 failed and neglected to provide
possession of the said flat No. 303 to me within 22 months and
therefore, since last 4 years, I am running pillar to post to get her hard
earned money back.

e. I say that it is crystal clear that in collusion among the accused, they
have cheated and threatened me 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. I say that thereafter, I approached the concerned Nizampura Police

Station, Bhiwandi but no complaint was taken from me 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.

5. I say that it is not only the present complainant but also many other persons
who have been duped by these brother duo and therefore, I alongwith other
persons have approached the office of the Hon’ble Commissioner of Police,
Thane City, At Thane and there, we 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. I say that thereafter, I 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
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 Information Report has yet been registered by the concerned Nizampura
Police Station, Bhiwandi.

7. I say 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 mine 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 . I say that the copies of the application for interim Anticipatory Bail and
order passed below and the same is annexed herewith the present complaint.

8. I say that 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. I say that from the total behaviour on the part of the accused, I has come to an
inference that the accused has done so with a view to deceiving and cheating
me.

10. I say 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. I say that the police has not paid any attention to the serious of complaints
filed one after the another

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12. I say that there is no other remedy available to me.

13. I say that the accused has not paid any heed to my requests 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. I say that I 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 say that I further pray that this Complaint has been lodged in the jurisdiction
of this Honourable Court.

16. I say that the accused took advantage of the Covid Pandemic period

17. I say that I prays that the accused be tried as per law and the complainant be
granted appropriate relief.

Whatever stated herein above is true and correct to the best of my

knowledge and belief.

Solemnly affirmed at Bhiwandi on this ____ day of April, 2022.

Identified by me :
___________
Complainant

___________________
Advocate for Complainant.

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 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.

Identified by me :
________________
Complainant

___________________
Advocate for Complainant