Final Order 1

Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
(62nd COURT), DADAR, MUMBAI.
Appl. No. 2116/Misc./2025
Adil Sorab Mogrelia V/s.
The State of Maharashtra
ORDER BELOW EXH. 01
1] Read the application and say. Investigating officer in his reply
has given the details of 196 bank accounts and freezed total an
amount of Rs. 4,67,804.12/- (Four Lakh sixty seven thousand eight
hundred four and twelve paise only ) and requested to pass
necessary order with respect to the amount claimed by the applicant.
2] By this application applicant requested to return an amount of
Rs. 4,67,804/- ( Four Lakh sixty seven thousand eight hundred four
only). Perused the photocopies of documents on record. It seems that
present applicant has lodged FIR and reported the fact of cheating to
the police. This itself shows that before incident amount was with the
applicant/informant. Moreover, he has filed copy of FIR in support of
the application.
3] On perusal of record, it transpires that police filed their say
dtd. 16/10/2025 which shows that applicant transferred an amount
of Rs.56,20,000/- in different bank accounts. Out of which, an
amount of Rs. 4,67,804.12/- (Four Lakh sixty seven thousand eight
hundred four and twelve paise only ) came to be freezed from
different bank accounts with the help of Nodal officers of the
concerned bank.
4] Considering the facts and documents on record, it seems, the
applicant has better right to get interim custody of Rs. 4,67,804/-
(Four Lakh sixty seven thousand eight hundred four only). Therefore,
after gone through say of I.O the applicant is entitled to get interim
custody of Rs. 4,67,804/- ( Four Lakh sixty seven thousand eight
hundred four only). Hence, the application is allowed. Hence, order;
ORDER
1) The application is allowed.
2) The investigating officer is directed to issue
letter to the concerned bank to defreeze the
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amount of Rs. 4,67,804/- ( Four Lakh sixty seven
thousand eight hundred four only) as per police
report dtd. 16/10/2025 and it be transferred in
the account of applicant till the conclusion of the
trial on executing indemnity bond of Rs.
4,67,804/- ( Four Lakh sixty seven thousand eight
hundred four only) before the Court.
3) The concerned bank is directed to transfer
frozen amount lying with respondent banks as per
report/reply dtd.16/10/2025 of Investigating
Officer in the account of the applicant.
4) The applicant shall deposit an amount of Rs.
4,67,804/- ( Four Lakh sixty seven thousand eight
hundred four only) in the Court as and when
required.
5) The Investigating Officer is directed to produce
the indemnity bond and panchanama if any in the
court, if charge-sheet filed.
(Nilesh N. Dhend)
Judicial Magistrate First Class
Dt: 16/10/2025 62nd Court, Dadar, Mumbai.
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Perused theapplication and say filed by I.O and APP. This application
is filed by accused for return of muddemal prepr seized in C.R No.
115/2025 by the Cyber Police station, Worli. Allegations agaisnt the
accused are seen through FIR and the say of investigating officer.
This is case of misused of credit cards in the name of the informant
wherein the applicant have transacted over various sites rom the
cerdit card of the ifnoramnt. Accused was previous employee of the
informant and previously authorised to use the said card for
purpose , direted by the informant. Subsequetly, through her phone
the said credit card was registered, as alleged and misued. On
persual of say it seen that, said mobille was ent for CA at Kalina,
Mumbai. Investiation officer has storng objection to return the said
mobile.
02. Ld Advocate for the accused submitted that, said mobile has
purcahsed from the applicant on online through Amazon and she is
pyaing installment of the said mobile and have filed the bills and
accounts extract of the applicant t supper his contention. On going
through the contentions it is seen that, ater purchased of mobile the
transaction had taken place and under such circusmtan when the
mobile was used for commission of offence it is a primary evidence
and therefore, it cannot be returned back
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