Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF ADDL. CHIEF JUDICIAL MAGISTRATE,
37TH COURT, ESPLANADE, MUMBAI
MISC. APPL. NO. 2814 OF 2025
C.R. No. 57/2025 DCB CID UNIT-II
ORDER BELOW EXH.01
The applicant has made an application for return of his passport.
2. It is the contention of the applicant that he is the victim. His
passport has been seized by DCB CID UNIT-II from the accused in the
present crime. Hence, he prays for return of his passport.
3. The learned APP opposed the application on the ground that that
the passport is valuable piece of evidence. Investigation is in progress
and final report is yet to be filed. Hence, he prays to reject the
application.
4. The I.O. has given his no objection to return the passport to the
applicant.
5. The say of respondent No.2 was called. He has given his no
objection to return the passport to the applicant.
6. On perusal of record it appears that the passport has been seized
from the accused during the investigation of the crime. The applicant is
the victim. The I.O. as well as the respondent No.2 have given no
objection to return the passport to the applicant. In such circumstances,
it will not be proper to keep the passport of the applicant in custody of
police till conclusion of trial. However, considering the requirement of
passport during the trial, suitable condition can be imposed while
returning the passport. Hence, I proceed to pass the following order :
-- 1 of 2 --
--2--
ORDER
1) Application is allowed.
2) Investigating Officer is directed to handover the passport to the
applicant, on executing indemnity of Rs.10,000/-.
3) The applicant is directed to furnish colour xerox copy of said
passport to the Investigating Officer.
4) The applicant is directed to produce the said passport as and
when directed by the Court or the Investigating Officer.
Date : 25.08.2025 Addl. Chief Judicial Magistrate,
37th Court, Esplanade, Mumbai.
-- 2 of 2 --