Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
17TH COURT, BORIVALI, MUMBAI
Notice No. 1591/N/2025
North Region Cyber Police Station
ORDER BELOW EXH. 1
Present application is filed by applicant viz. Barun Kumar praying
for defreezing amount of Rs. 6,50,000/- in his account. However, later
on, applicant has filed pursis on record praying that amount be
transferred in the account of his father Shambu Prasad.
2. Applicant has stated that he has lodged FIR bearing no. 40/2025
for cheating and fraud. During investigation, bank accounts are freezed
wherein amount is transferred. Hence, applicant prayed to defreeze said
amount.
3. Perused application as well as 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 freezed amount. It has been contended by
Ld. APP that if amount is given to the applicant, he may dispose of the
same.
4. To support the contentions in the application, applicant has filed
his affidavit as well as affidavit cum NOC of Shambhu Prasad, Shilpi
Baranwal and Premlata Devi. Applicant has produced on record FIR,
Aadhaar Card, bank statements of accounts of Shilpi Baranwal,
Premlata Devi and Shambhu Prasad maintained with Union Bank of
India.
5. Heard both sides. Ld. Advocate filed pursis praying that amount
as per say of IO be returned. In the present matter, during investigation,
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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, the Court of the opinion that conditional order
will suffice the purpose. Hence, amount can be defreezed and reverted
to the applicant's father's account. Therefore, the Court proceed to pass
following order.
ORDER
i. Application is allowed.
ii. Investigating Officer is directed to transfer the seized freezed
amount in the account of applicant's father Shambhu Prasad bearing no.
520361001809037, IFSC Code-UBIN0807478 maintained with Union
Bank of India, branch Borivali (East), after receipt of bank details from
the applicant.
iii. Applicant shall execute his indemnity bond of Rs. 6,79,750/- (Rs
Six lakhs Seventy-nine thousand Seven hundred Fifty 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.
iv. Office to issue memo accordingly.
(A. A. K. Shaikh)
Judicial Magistrate First Class,
Date : 03.09.2026 17th Court, Borivali, Mumbai.
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