Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS)
68TH COURT BORIVALI, MUMBAI
ORDER BELOW EXH-1 IN C.C. NO. 6800176/N/2025
COMPLAINT NO. 31912230086749 OF M.H.B. COLONY POLICE STATION
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The applicant has filed this application to transfer the freezed
amount of Rs.99,000/- in complaint no. 31912230086749 registered by
(Cyber Crime) police station M.H.B. Colony. Further, it appears from say
filed by (Cyber Crime) M.H.B. Colony police station that Rs.81,000/- was
recovered and freezed by the Investigating Officer in complaint no.
31912230086749.
2. Investigating Officer has not objected the application.
3. Ld. APP has filed his say and submitted that necessary order
may be pass.
4. I have heard Ld. Advocate for the applicant and Ld. APP. So
also, I have perused the documents filed on record. It appears that, the
applicant in support of her contention has filed copy of complaint bearing
Nos. 31912230086749 (Cyber Crime). On perusal of complaint it appears
that the applicant has lodged the complaint with regarding online financial
fraud through Cyber Crime (M.H.B. Colony police station) that on the date,
time and place of incident the accused mentioned in the aforesaid
complaint nos. 31912230086749 committed the offence of breach of trust
with regard to cash amount Rs.99,000/-.
5. Further, from the reply of I.O. it appears that the police has
seized / freezed the amount of Rs.81,000/- which has been transferred
from the bank account of the applicant Ms. Divya Dwarkesh Kurba and the
same is lying in the following Bank Account -
2/-
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2
Sr.
No.
Bank Account Details of the
applicant Ms. Divya
Dwarkesh Kurba
Amount
transferred
Beneficiary Account Details Seized/
Freezed
Amount
1. HDFC Bank
A/c. No.50100298499426
IFSC Code - HDFC0003189
99,000/- IndusInd Bank
A/c. No. 201014423652
IFSC Code - INDB0000972
50,000/-
IDFC First Bank
A/c. No. 10146852309
IFSC Code - IDFB0021901
5,000/-
Punjab National Bank
A/c. No. 0232002100137881
26,000/-
TOTAL AMOUNT 99,000/- TOTAL AMOUNT 81,000/-
6. Further, till today nobody other than the applicant has claimed
the said seized / freezed amount. This being the position, it is just and
proper to give directions to the Branch Manager of above mentioned Bank
of the Beneficiary to transfer the seized amount of Rs.81,000/- which has
been transferred from the account of the applicant Ms. Divya Dwarkesh
Kurba on some terms and conditions to the applicant vide section 457 of
The Code of Criminal Procedure. Hence, I pass the following order :-
-: O R D E R :-
1. Application is allowed.
2. The Investigating Officer in complaint bearing No. 31912230086749
(Cyber Crime) registered by M.H.B. Colony Police Station is hereby directed
to issue directions to the Branch Manager of above mentioned banks
mentioned in the table at point no. 5 of the beneficiary to transfer the
seized / freezed amount of Rs.81,000/- which has been transferred from
the account of the applicant Ms. Divya Dwarkesh Kurba in her account of
HDFC Bank, A/c. No.50100298499426, IFSC Code - HDFC0003189, and
3/-
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seized / freezed the balance amount in respective bank account. Details of
the Bank as per the above mentioned table at point no.5.
3. The Investigating Officer in complaint bearing No. 31912230086749
(Cyber Crime) is also directed to prepare a detailed report and obtain
signature of the applicant.
4. The applicant shall file an undertaking before the Court that she will
deposit the said amount in the Court as and when directed by the Court.
5. The Investigating Officer in complaint bearing No. 31912230086749
(Cyber Crime) registered by M.H.B. Colony Police Station shall submit his
compliance report as early as possible, to this Court and submit the report
and bond along with Charge-sheet.
SD/-
( V. F. Chougule )
Mumbai. Judicial Magistrate (First Class),
Date : 25-04-2025 68th Court, Borivali, Mumbai.
*rsh
/-
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