Final Order 1

Order Details: Copy of Order - 1
Pdf Text: ORDER 1 C.C.No. 947/MISC/2025
IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS),
SPECIAL COURT FOR ITPA, 54TH COURT, MAZGAON, MUMBAI.
APPLICATION No. 947/MISC/2025 (IN C.C.NO. 675/PW/2025)
ORDER BELOW EXH.-1
Rekha @ Mansi Deepak More ...Applicant/Accused.
V/s.
The State of Maharashtra
(Through Bhandup Police Station …Respondent.
O R D E R
By way of present application, applicant/accused
Rekha @ Mansi Deepak More claimed return of property i.e. Reno
12 Pro Oppo made mobile phone.
2] I.O. and Ld. APP filed their reply and objected the same.
They have submitted that the said mobile was used by the accused
during commission of offence, the same mobile is being sent to
Forensic Lab, Kalina for analysis as it is used in the offence, the
said property is necessary for identification during trial.
3] Perused the application and say. It is to be mentioned here
that, FIR in the present crime has been registered under section 143(3)
of BNS r/w. Sections 4, 5 of ITP Act. Section 143(3) of BNS which is
triable by the Hon'ble Sessions Court. As per the say of Investigating
Officer, the said mobile used during commission of offence, it contains
evidence against the accused and for that purpose, IO sent the said
mobile for analysis to the Forensic Lab, Kalina and it is in the custody of
-- 1 of 2 --
ORDER 2 C.C.No. 947/MISC/2025
Forensic Lab. Therefore, considering the aspect that the present crime is
triable by the Hon'ble Sessions Court, nature of offence and it is in the
custody of Forensic lab, I inclined to hold that the application is
premature and not liable to be entertained. Hence, considering this
aspect I proceed to pass the following order.
O R D E R
1 . Application is hereby rejected.
2. Applicant and her counsel to take note.
(P. V. Hingne)
Judicial Magistrate (First Class),
Special Court for ITPA,
Date : 03.10.2025 54th Court at Mazgaon, Mumbai.
SVP
-- 2 of 2 --