Final Order 1

Order Details: Order below Ex-1
Pdf Text: - 1 - Case No.694/M/2026
Order below Exh.01
Read application and supporting affidavit. Perused say of
concerned police station and say of Ld. APP. Read documents filed
with the application. Heard both sides.
2. This is an application filed by applicant for defreezing the bank
account and return of the total amount of Rs.31,000/- (Rupees Thirty
One Thousand Only).
3. Case of the applicant is that he is cheated of Rs.51,000/-
(Rupees Fifty One Thousand Only) which she paid in two installments
i.e. Rs.31,000/- and Rs.20,000/-. Shivajinagar Police Station is
investigating in case vide Cyber application registered by the
applicant. The amount of Rs.31,000/- is still lying with the bank
accounts of the accused. On the complaint of the applicant, the
investigating officer has freezed the bak accounts of accused. Hence,
the present application is filed for defreezing the bank accounts of
accused and to return Rs.31,000/-.
4. The amount is still lying with bank. No one has claimed their
ownership over that amounts. The bank statements and other
documents shown that the applicant is entitled for that amount.
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- 2 - Case No.694/M/2026
5. Investigating Officer and Ld. APP has given no objection to
return Rs.31,000/- by defreezing the bank account. Therefore, prima
facie applicant has established his right over the amount of
Rs.31,000/- lying in A/c No.00000044673170650, IFSC –
SBIN0010542 State Bank of India, Jaynagar Branch, Majilpur, West
Bengal.
6. Perusal of say filed by I.O. shows that Rs.31,000/- is lying in the
said account. Therefore, I am of the opinion that there is no hurdle to
grant prayer of the applicant. Hence, following order.
Order
1. The application is allowed.
2. The Senior Inspection of Police, Shivajinagar Police Station is
directed to defreez the bank account A/c
No.00000044673170650, IFSC – SBIN0010542 in State Bank of
India, Jaynagar Branch, Majilpur, West Bengal which was
freezed in crime registered with Shivajinagar Police Station on
indemnity bond of Rs.31,000/- (Rupees Thirty One Thousand
only).
3. State Bank of India, Jaynagar Branch, Majilpur, West Bengal is
directed to handover Rs.31,000/- to the applicant from bank
account No.00000044673170650, IFSC – SBIN0010542 to
applicant’s bank account No.1912623059, IFSC – KKBK0000658
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with Kotak Mahindra Bank, Ghatkopar (East), Mumbai after
receiving the request letter from Shivajinagar Police Station for
defreezing the account.
4. State Bank of India, Jaynagar Branch, Majilpur, West Bengal is
at liberty to put concerned accoun on hold for remaining amount
lying in the concerned account after handing over the amount as
ordered above.
5. Investigating officer is directed to submit indemnity bond of
applicant either alongwith chargesheet or final report.
Dt. 14/07/2026 ( S. B. Pawar)
Judicial Magistrate(First Class)
57th Court, Kurla, Mumbai.
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