Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
(62nd COURT), DADAR, MUMBAI.
Appl. No. 3217/Misc./2025
Yashoda Shankar Kanakamola 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 bank accounts and freezed total an amount of
Rs. 2,81,784/- (Two Lakh eighty one thousand seven hundred eighty
four 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. 2,84,000/- (Two Lakh eighty four thousand 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, she has filed copy of FIR in support
of the application.
3] On perusal of record, it transpires that police filed their say
dtd. 06/01/2026 which shows that applicant transferred an amount
of Rs. 19,50,000/- (Nineteen lakh fifty thousand only) in different
bank accounts. Out of which, an amount of Rs. 2,81,784/- (Two
Lakh eighty one thousand seven hundred eighty four 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. 2,81,784/-
(Two Lakh eighty one thousand seven hundred eighty four only )
Therefore, after gone through say of I.O the applicant is entitled to
get interim custody of Rs. 2,81,784/- (Two Lakh eighty one thousand
seven hundred eighty four only ) Hence, the application is allowed.
Hence, order;
ORDER
1) The application is allowed.
2) The investigating officer is directed to issue
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letter to the concerned bank to defreeze the
amount of Rs. 2,81,784/- (Two Lakh eighty one
thousand seven hundred eighty four only ) as per
police report dtd. 06/01/2026 and it be
transferred in the account of applicant till the
conclusion of the trial on executing indemnity
bond of Rs. 2,81,784/- (Two Lakh eighty one
thousand seven hundred eighty four only ) before
the Court.
3) The concerned bank is directed to transfer
frozen amount lying with respondent banks as per
report/reply dtd.06/01/2026 of Investigating
Officer in the account of the applicant.
4) The applicant shall deposit an amount of Rs.
2,81,784/- (Two Lakh eighty one thousand seven
hundred eighty 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: 06/01/2026 62nd Court, Dadar, Mumbai.
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