Final Order 1

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ORDER BELOW EXH.01 IN MISC.APPLICATION NO.110/2025 IN
C.R. No.13/2025, R.A.K. MARG POLICE STATION
The present application is filed for return of muddemal
property i.e. cash of Rs.4,46,000/- out of/- which accused has got
transferred online from applicant's Maharashtra Gramin bank
Account No. 80075883312 , her husband’s State Bank of India
Account No. 62470563181 and her father’s Maharashtra Gramin
Bank 54531011279.
Gone through the application as well as say filed by I.O.
below Exh.4 and say of APP. Notices were issued to concern banks
in which amount is freezed. The bank of Maharashtra filed reply
below Exh. 8 and ICICI Bank filed reply below Exh. 9.Respondent
No. 2 & 5 failed to file reply.
03. Investigating Officer does not disputing the entitlement of
the applicant over seized cash of Rs.4,46,000/-/-- vide say below
Exh.4. The crime registered is in nature of online fraud. Applicant
has filed his copies of statement of Maharashtra Gramin bank
Account No. 80075883312, her husband State Bank of India
Account No. 62470563181 her father Maharashtra Gramin Bank to
show online transaction, that amount has been transferred from her
account and above mentioned accounts of her husband and father.
The I.O. vide reply Exh.4 has informed that total amount of Rs.
4,46,000/- is freezed. Hence, the applicant has prima-facie
established her entitlement for legal custody of the freezed amount
of which an amount of 34,000/- is lying in the account HDFC Bank
Account No. 50100251457671, an amount of Rs. 10,000 HDFC
Bank Account No. 50100420372851 , an amount of Rs. 50,000 Bank
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of Maharashtra Account No. 60507500580, an amount of Rs. 2,000
ICICI Bank Account No. 116401501441 , an amount of Rs.
1,25,000/- in Bandhan Bank Account No. 20100034480972, an
amount of Rs. 1,05,000/- in Bandhan Bank Account No.
20100034480972, an amount of Rs.80,000/- in ICICI Bank Account
No. 105005500697, an amount of Rs.,40,000/- in Jana Small
Finance Bank Account No. 4566020001136712 . The applicant had
claimed an amount of Rs. 4,46,000/- as the amount got
transferred by the accused, which is freezed by the I.O.
04. Considering above discussion, I find no hurdle to return
cash of Rs 4,46,000 as interim custody of freezed amount to the
applicant but the amount from account of husband and father of
the applicant is transferred and neither they appeared before court
nor they have given consent to transfer account in applicants
account, which is lying into above mentioned different bank
accounts,. Hence, the application will have to be allowed with
conditions. Hence, the order :-
:: O R D E R ::
01) The application is allowed.
02) I.O./PSO of R.A.K. Marg Police Station is directed to de-freeze
an amount of 34,000/- is lying in the account HDFC Bank Account
No. 50100251457671, an amount of Rs. 10,000 HDFC Bank
Account No. 50100420372851 , an amount of Rs. 50,000 Bank of
Maharashtra Account No. 60507500580, an amount of Rs. 2,000
ICICI Bank Account No. 116401501441 , an amount of Rs.
1,25,000/- in Bandhan Bank Account No. 20100034480972, an
amount of Rs. 1,05,000/- in Bandhan Bank Account No.
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20100034480972, an amount of Rs.80,000/- in ICICI Bank Account
No. 105005500697, an amount of Rs.,40,000/- in Jana Small
Finance Bank Account No. 4566020001136712.
3) The concern H.D.F.C Bank is directed to to transfer the
amount of Rs.34,000/- to the account of the applicant, maintained in
Maharashtra Gramin Bank Account No. 80075883312.
4) The concern H.D.F.C Bank is directed to transfer the amount
of Rs. 10,000/- to the account of the applicant, maintained in
Maharashtra Gramin Bank Account No. 80075883312.
5) The concern Bank of Maharashtra is directed to transfer the
amount of Rs.50,000/- to the account of husband of the applicant,
maintained in State Bank of India Account No. 62470563181.
6) The concern ICICI Bank is directed to transfer the amount of
Rs.2,000/- to the account of husband of the applicant, maintained in
State Bank of India Account No. 62470563181.
7) The concern Bandhan Bank is directed to transfer the amount
of Rs.1,25,000/- to the account of husband of the applicant,
maintained in State Bank of India Account No. 62470563181.
8) The concern Bandhan Bank is directed to transfer the amount
of Rs.1,05,000/- to the account of husband of the applicant,
maintained in State Bank of India Account No. 62470563181.
9) The concern ICICI Bank is directed to transfer the amount of
Rs.80,000/- to the account of husband of the applicant, maintained
in State Bank of India Account No. 62470563181.
10) The concern Jana Small Finance Bank is directed to transfer
the amount of Rs.40,000/- to the account of father of the applicant,
maintained in Maharashtra Gramin Bank Account No.
54531011279.
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11) Applicant to furnish indemnity bond of Rs. 88,000/- towards
security of amount which is transferred in her account.
12) I.O. is directed to take Indemnity bond of Rs.,7,25,000/- from
husband of the applicant.
13) I.O. is directed to take Indemnity bond of Rs. 80,000 from
father of applicant.
14) Applicant shall deposit the total amount of Rs. 4,46,000/-
immediately, as and when directed by Court.
15) I.O. shall file compliance report.
sd/-
(K. M. Pingle)
Judicial Magistrate,First Class,
Date :01/02/2025 13th Court, Dadar, Mumbai.
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