Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
60th COURT, KURLA, MUMBAI
Order Below Exh-1 in Case No. 1801/Misc/2025.
Perused the application. Heard. This is an application filed
by the applicant Minakshi Mahadev Rathod for return of property i.e.
cash of Rs.2,87,000/-.
2] Perused the say filed by Ld. APP and the investigating
officer. Ld.APP prayed to pass appropriate order. Investigating Officer
has submitted no objection to return the property i.e., Cash of
Rs. 2,87,000/-.
3] As per the contention of the applicant she is the owner of
the said cash. It is informed that, the said cash has been seized by the
Chunabhatti Police in Crime No.316/2025 at the time of seizure
panchanama. As per the contention of applicant she is entitled to get
the custody of the same being the rightful possessor.
4] From the documents produced on record particularly, the
First Information Report and bank statement, it appears that, the
applicant has lodged the FIR for fraud. As per the say of investigating
officer he has recovered an amount of Rs.2,87,000/-. It clearly appears
from the First Information Report as well as the say of investigating
officer that, the applicant is the lawful possessor of the said cash
amount. Further, except the present applicant none has claimed the
right over the cash amount. In such circumstances, if the said cash is
kept lying in the police station, police machinery will be unnecessarily
burdened to look after the said cash. As such, it is desirable to hand-
over the said cash amount Rs.2,87,000/- to the applicant which is
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seized by police from accused on executing her indemnity bond as she
appears to be the rightful possessor of the said cash. Accordingly, I
proceed to pass following order and the application is hereby granted
on following terms and conditions :-
O R D E R
1. The seized muddemal i.e. cash of Rs.2,87,000/- (Two Lakhs
Eighty Seven Thousand Only) in C.R. No.316/2025 registered
with Chunabhatti Police Station be handed over to the applicant
Minakshi Mahadev Rathod on executing the bond of
Rs.2,87,000/- (Rs. Two Lakhs Eighty Seven Thousand Only) on
the following terms and conditions.
2. The applicant shall produce the aforesaid amount i.e.,
Rs.2,87,000/- in the Court whenever ordered by the Court. In
case, it is decided by the Court that, some other person is entitled
to the said amount then, the applicant shall hand-over the said
amount to that person as per the directions of the Court.
3. The Investigating Officer shall prepare detailed panchanama of
the same and the same shall be produced on record.
4. Issue letter accordingly to the police station concerned.
Date : 08/08/2025.
( V. H. Chavan )
Judicial Magistrate (First Class),
60th Court, Kurla, Mumbai.
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