Final Order 1

Order Details: Copy of Order
Pdf Text: 1 C. C. 67/N/2025
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No.67/N/2025
North Region Cyber Police Station
ORDER BELOW EXH. 1
1. Perused application. Applicant namely Kumar Divakaran Pillai has
prayed for defreezing amount of Rs. 1,10,000/- in his account.
2. Applicant has stated that he has lodged online complaint bearing no.
31912240174704 for cheating and fraud. During investigation, bank
accounts are freezed wherein amount is transferred. Hence, applicant
prayed to defreeze said amount.
3. Perused say filed by I.O. and Ld. APP. I.O. has given no objection for
allowing the application stating that applicant is entitled to get amount
which is freezed. It has been contended by Ld. APP that necessary order
may kindly be passed after considering say of investigating officer.
4. To support the contentions in the application, applicant has filed his
affidavit. Applicant has produced on record photocopies of online, Aadhaar
Card and bank statement of his account maintained with HDFC Bank,
Orlem, Malad (West).
5. Heard both sides. Ld. Advocate for applicant has filed pursis praying
that amounts as per say of IO be returned. In the present matter, during
investigation, police have freezed the accounts. After taking into
consideration the say filed by police, it is clear that bank accounts are
freezed wherein amount is transferred.
Prima facie applicant appears to be
entitled to get the temporary custody of the amount which is freezed.
Considering the nature of offence, I am of the opinion that conditional
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2 C. C. 67/N/2025
order will suffice the purpose. Hence, amount can be defreezed and
reverted to the applicant's account. Therefore, I proceed to pass following
order.
ORDER
1. Application is allowed.
2. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 10,153/- from the bank account bearing no.
08510100026195, IFSC Code-BARB0NARODA maintained with Bank of
Baroda to bank account of applicant viz. Kumar Divakaran Pillai bearing
no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
3. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 250/- from the bank account bearing no. 42510200000337,
IFSC Code-BARB0SWARNJ maintained with Bank of Baroda to bank
account of applicant viz. Kumar Divakaran Pillai bearing
no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
4. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 11,500/- from the bank account bearing no.
203210110007137, IFSC Code-BKID0002032 maintained with Bank of
India to bank account of applicant viz. Kumar Divakaran Pillai bearing
no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
5. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,200/- from the bank account bearing no. 3642369534,
IFSC Code-CBIN0280248 maintained with Central Bank of India to bank
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3 C. C. 67/N/2025
account of applicant viz. Kumar Divakaran Pillai bearing
no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
6. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 900/- from the bank account bearing no. 209414259207,
IFSC Code-ESFB0016030 maintained with Equitas Bank to bank account of
applicant viz. Kumar Divakaran Pillai bearing no.00471000032415, IFSC
Code-HDFC0000047 maintained with HDFC Bank, Orlem, Malad (West).
7. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 7,000/- from the bank account bearing no.
50100317774444, IFSC Code-HDFC0001837 maintained with HDFC Bank
to bank account of applicant viz. Kumar Divakaran Pillai bearing
no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
8. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 10,000/- from the bank account bearing no.
50200027864076, IFSC Code-HDFC0000499 maintained with HDFC Bank
to bank account of applicant viz. Kumar Divakaran Pillai bearing
no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
9. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,281.97 from the bank account bearing no.
50200084353670, IFSC Code-HDFC0007061 maintained with HDFC Bank
to bank account of applicant viz. Kumar Divakaran Pillai bearing
no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
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4 C. C. 67/N/2025
10. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,965/- from the bank account bearing no.
57500000403944, IFSC Code-HDFC0000523 maintained with HDFC Bank
to bank account of applicant viz. Kumar Divakaran Pillai bearing
no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
11. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 770/- from the bank account bearing no. 50200089719022,
IFSC Code-HDFC0007739 maintained with HDFC Bank to bank account of
applicant viz. Kumar Divakaran Pillai bearing no.00471000032415, IFSC
Code-HDFC0000047 maintained with HDFC Bank, Orlem, Malad (West)
branch.
12. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,680/- from the bank account bearing no. 054410239008,
IFSC Code-IPOS0000001 maintained with India Post Payments Bank to
bank account of applicant viz. Kumar Divakaran Pillai bearing
no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
13. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 2,880/- from the bank account bearing no. 10164825986,
IFSC Code-IDFB0040101 maintained with IDFC First Bank to bank account
of applicant viz. Kumar Divakaran Pillai bearing no.00471000032415,
IFSC Code-HDFC0000047 maintained with HDFC Bank, Orlem, Malad
(West) branch.
14. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 1,000/- from the bank account bearing no.7911919349,
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5 C. C. 67/N/2025
IFSC Code-IDIB000J525 maintained with Indian Bank to bank account of
applicant viz. Kumar Divakaran Pillai bearing no.00471000032415, IFSC
Code-HDFC0000047 maintained with HDFC Bank, Orlem, Malad (West)
branch.
15. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 4,000/- from the bank account bearing no. 9946332848,
IFSC Code-KKBK0002603 maintained with Kotak Mahindra Bank to bank
account of applicant viz. Kumar Divakaran Pillai bearing
no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
16. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 520/- from the bank account bearing no.
00000065277996227, IFSC Code-SBIN0050106 maintained with State
Bank of India to bank account of applicant viz. Kumar Divakaran Pillai
bearing no.00471000032415, IFSC Code-HDFC0000047 maintained with
HDFC Bank, Orlem, Malad (West) branch.
17. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 3,525/- from the bank account bearing no.
00000039923448912, IFSC Code-SBIN0011346 maintained with State
Bank of India to bank account of applicant viz. Kumar Divakaran Pillai
bearing no.00471000032415, IFSC Code-HDFC0000047 maintained with
HDFC Bank, Orlem, Malad (West) branch.
18. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 20,000/- from the bank account bearing no. 51104295215,
IFSC Code-SBIN0032089 maintained with State Bank of India to bank
account of applicant viz. Kumar Divakaran Pillai bearing
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no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
19. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 30,505.18 from the bank account bearing no.
00000061006253065, IFSC Code-SBIN0031217 maintained with State
Bank of India to bank account of applicant viz. Kumar Divakaran Pillai
bearing no.00471000032415, IFSC Code-HDFC0000047 maintained with
HDFC Bank, Orlem, Malad (West) branch.
20. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 3,000/- from the bank account bearing no.
05893211223399, IFSC Code-UCBA0000589 maintained with UCO Bank
to bank account of applicant viz. Kumar Divakaran Pillai bearing
no.00471000032415, IFSC Code-HDFC0000047 maintained with HDFC
Bank, Orlem, Malad (West) branch.
21. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 522.86 from the bank account bearing no.
00000042965181838, IFSC Code-SBIN0002425 maintained with State
Bank of India to bank account of applicant viz. Kumar Divakaran Pillai
bearing no.00471000032415, IFSC Code-HDFC0000047 maintained with
HDFC Bank, Orlem, Malad (West) branch.
22. Concerned is hereby directed to complete the process of transfer the
amount of Rs. 430/- from the bank account bearing no.
00000038842877448, IFSC Code-SBIN0011346 maintained with State
Bank of India to bank account of applicant viz. Kumar Divakaran Pillai
bearing no.00471000032415, IFSC Code-HDFC0000047 maintained with
HDFC Bank, Orlem, Malad (West) branch.
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7 C. C. 67/N/2025
23. Applicant shall execute his indemnity bond of Rs. 1,70,000/-
(Rupees One lakh Seventy thousand only) subject to the following
conditions.
a) Supurtnama be executed in concerned police station on it's
due identification.
b) Concerned police station to transmit copy of Supurtnama to
this Court.
c) If it is proved subsequently that the applicant is not entitled to
the above stated amount, he shall be liable to deposit the said
amount in the Court.
24. Office to issue memo accordingly.
(A. M. Mujawar)
Judicial Magistrate First Class,
Date :24.02.2025 17th Court, Borivali, Mumbai.
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