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. 2262/Misc/2025.
Perused the application. Heard. This is an application filed
by the applicants Ms. Sheetal Kejriwal (Agarwal) and Mr. Amit Sajjan
Agarwal for issuance of no objection to defreeze the bank account of the
applicants.
2] The applicant has submitted that, the FIR No. 182 of 2025
came to be registered on 24.03.2025 with Chunabhatti Police Station at
the instance of Mr. Sameer Khan (Informant) against the applicants for
the offence punishable under section 406, 420 read with section 34 of
the I.P.C. During the investigation the Chunabhatti Police Station
submitted its objection to State Bank of India, Salt Lake, (Sector-1),
Calcutta Branch regarding the account No. 33419174344 of the
applicants and accordingly their said account is frozen by the said bank.
Thereafter the informant Mr. Sameer Khan and applicants amicable
settled the dispute between them the applicants paid Rs.15,00,000/-
out of the disputed amount to the informant. However, as the account
of the applicants is frozen by their bank, they are unable to release the
remaining amount to the informant. Hence, they have prayed to de-
freeze the account of the applicants.
3] Say of I.O. and Ld. APP was called. Accordingly, the I.O. has
submitted his no objection to de-freeze the said account. Ld. APP has
prayed to pass appropriate order.
4] Say of the informant was called. Accordingly, the informant
has filed his say and submitted that, he has received all the money from
the applicants. Therefore, he has no objection to de-freeze the account
of the applicant/accused.
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5] Perused the record and the say filed by the Ld. APP, I.O. and
the informant. As the informant submitted that he has received all the
amount and he has no objection to de-freeze the account of the
applicants. It clearly indicates that the purpose for which the said bank
account was frozen no longer survives. There is no dispute regarding
repayment of the amount, and the informant has expressly conveyed his
consent for de-freezing of the said account. In view of the above
circumstances and considering that continued freezing of the bank
account would serve no useful purpose, this Court is of the opinion that
the application deserves to be allowed. Hence, the following order is
passed.
O R D E R
1. The application filed by the applicant Ms. Sheetal Kejriwal
(Agarwal) and Mr. Amit Sajjan Agarwal is hereby allowed.
2. The Investigating Officer is directed to issue necessary
instructions to the State Bank of India, Salt Lake, (Sector-1),
Calcutta Branch to de-freeze the bank account no. 33419174344
of the applicant/accused forthwith, in accordance with law.
3. The concerned bank shall comply with the said direction upon
receipt of the communication from the Investigating Officer.
4. The application stands disposed of accordingly.
Date : 30/01/2026.
(Shri. V. H. Chavan)
Judicial Magistrate (First Class),
60th Court, Kurla, Mumbai.
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