Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No.187/N/2026
C. C. No. 358/PW/2022
Samtanagar Police Station
ORDER BELOW EXH. 1
Present application is filed by applicant viz. Anita Akhilesh Yadav
praying to return of gold chain and two finger rings amounting to
approximate Rs. 2,44,000/-.
2. Applicant has stated that she has lodged FIR No. 128/2026 for
the offences p/u/s 323, 406, 498-A, 504 r/w 34 of IPC. During
investigation, property has been seized by the police and it is lying in
police station. Hence, he is seeking its custody.
3. Perused the say of I.O. and APP. I. O. has given no objection to
hand over the seized property to the applicant. Ld. APP has contended
that property is important evidence at the time of trial. If it is returned
to the applicant, she may not produce it.
4. In support of this application, applicant has filed her affidavit.
Applicant has produced on record photocopies of Aadhaar Card and
copy of bill standing in the name of Ramdular Yadav who has given no
objection to hand over the ornaments to the applicant.
5. Heard both sides. No other claimant came forward to seek the
custody of the property in question except applicant. No purpose will be
served by unnecessarily depriving the applicant from custody of the
property. The custody required to be given to the applicant is temporary
custody. As the applicant is entitled for its custody, application deserves
to be allowed on following terms:-
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ORDER
i. Seized gold ornaments as per say of Investigating Officer, be
returned to the applicant viz. Anita Akhilesh Yadav on execution of
indemnity bond/supurtnama of Rs. 2,44,000/- by the concerned police
station. The applicant shall affix her latest colour passport size
photograph on the bond/supurtnama.
ii. Applicant shall not change, alter or modify ornaments in any
manner.
iii. Applicant shall not sell or dispose of the ornaments by any means
till conclusion of trial.
iv. Applicant shall produce the ornaments before the Court for the
purpose of trial as and when directed.
v. I.O. is directed to prepare proper panchanama of handing over
the ornaments to applicant after weighing the same as well as snap the
photographs and attach it with charge-sheet.
vi. Office to issue memo accordingly.
(A. A. K. Shaikh)
Judicial Magistrate First Class,
17th Court, Borivali, Mumbai.
Date : 09.09.2026
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