Final Order 1

Order Details: Copy of Order - 1
Pdf Text: ORDER 1 C.C.No.5401395/MISC/2025
IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS),
SPECIAL COURT FOR ITPA, 54TH COURT, MAZGAON, MUMBAI.
C.C.NO.5401395/MISC/2025
(CNR No. MHMM120061032025)
Rohini Ravindra Bhalerao ...Applicant/Accused
V/s.
The State of Maharashtra
(Through Parksite Police Station, CR. NO. 132/2025) …Respondent.
ORDER BELOW EXH.-1
By way of present application, applicant/accused Rohini
Ravindra Bhalerao claimed return of property i.e. mobile Phone of
Apple I phone 13.
2] I.O. and Ld. APP filed their reply. Ld. APP objected the same
and submitted that the said mobile was used by the accused during
commission of offence and if it is returned to accused/applicant then it
is again used in the same type of crime.
3] Perused the application and say. It is to be mentioned here
that, FIR in the present crime has been registered under section 143(2)
(3) of BNS, 2023 r/w. Sections 4, 5 of ITP Act, 1956. Section 143(2)(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. Therefore, considering
the aspect that the present crime is triable by the Hon'ble Sessions Court
and nature of offence also taking into consideration that this mobile
might be required for evidence, I inclined to hold that the application is
premature and not liable to be entertained. Hence, considering this
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ORDER 2 C.C.No.5401395/MISC/2025
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.
(N. B. Ghatage)
Judicial Magistrate (First Class),
Special Court for ITPA,
Date : 13.10.2025 54th Court at Mazgaon, Mumbai.
SVP
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