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. 6801085/N/2025
COMPLAINT NO. 31907250115051 OF M.H.B. COLONY POLICE STATION
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The applicant has filed this application to transfer the freezed
amount of Rs.43,607/- in complaint no. 31907250115051 registered by (Cyber
Crime) police station M.H.B. Colony. However, it appears from say filed by (Cyber
Crime) M.H.B. Colony police station that Rs.43,607/- was recovered and freezed
by the Investigating Officer in complaint no. 31907250115051.
2. Investigating Officer has not objected the application.
3. Ld. APP has filed his say and objected the application
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 his contention has filed copy of complaint bearing No.
31907250115051 (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. 31907250115051
committed the offence of breach of trust with regard to cash amount Rs.62,500/-.
5. Further, from the reply of I.O. it appears that the police has seized /
freezed the amount of Rs.43,607/- which has been transferred from the bank
account of the applicant Mohd. Kaif Mohd. Imran Khan and the same is lying in
the following Bank Account -
Sr.
No.
Bank Account Details of
the applicant Mohd. Kaif
Mohd. Imran Khan
Amount
transferred
Beneficiary Account Details Seized/
Freezed
Amount
1. Airtel Payments Bank
A/c. No. 7007423103
62,500/- Indian Bank
A/c.No. 8071678906
IFSC Code – IDIB000B166
21,000/-
Catholic Syrian Bank Ltd.
A/c.No.083805078323195001
IFSC Code - CSBK0000483
2,000/-
Indian Bank
A/c.No. 8071678906
IFSC Code – IDIB000B166
3,107/-
Jio Payments Bank Ltd.
A/c. No. 001921731002705
IFSC Code – JIOP0000001
17,500/-
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TOTAL AMOUNT 62,500/- TOTAL AMOUNT 43,607/-
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.43,607/- which has been transferred from the
account of the applicant Mohd. Kaif Mohd. Imran Khan on some terms and
conditions to the applicant vide section 503 of Bharatiya Nagarik Suraksha
Sanhita, 2023. Hence, I pass the following order :-
-: O R D E R :-
1. Application is allowed.
2. The Investigating Officer in complaint bearing Nos. 31907250115051
(Cyber Crime) registered by M.H.B. Colony Police Station is hereby directed to
issue directions to the Branch Manager of above mentioned bank mentioned in
the table at point no. 5 of the beneficiary to transfer the seized / freezed amount
of Rs.43,607/- which has been transferred from the account of the applicant
Mohd. Kaif Mohd. Imran Khan in his account of Airtel Payments Bank, A/c. No.
7007423103, IFSC Code - CNRB0015045 and 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. 31907250115051
(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 he will
deposit the said amount in the Court as and when directed by the Court.
5. The Investigating Officer in complaint bearing Nos. 31907250115051
(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 : 12-09-2025 68th Court, Borivali, Mumbai.
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