Final Order 1

Order Details: Copy of Order
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IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS),
26TH COURT, BORIVALI, MUMBAI.
Case No. 1827/N/2025.
Dahisar Police Station, Mumbai.
ORDER ON APPLICATION FOR RETURN OF PROPERTY.
The present application is filed by the applicant viz. Sanjay
Narayan Mulye for de-freezing the bank account of accused and
transferring the said de-freezed amount in his bank account. It is his
contention that he has been cheated by the accused for an amount of
Rs. 1,50,000/- and out of the said cheated amount, an amount of Rs.
30,658.19/- has been freezed by the police. He further stated that he is
an absolute owner of the said amount which has been freezed by the
police and, therefore, he is entitle to receive the said freezed amount.
2. Say of I.O., APP and concerned bank was called.
3. Ld. APP filed say and requested to pass necessary order. I.O.
filed say stating that he has no objection if the seized amount is
returned to the applicant by imposing certain terms and conditions.
Concerned bank failed to file say.
4. I have gone through the application and say filed by Ld.
APP and I.O. Ld. APP & I.O. gave their no objection to return the said
freezed amount to the applicant. Prima facie applicant seems to be the
owner of the freezed amount. Hence, considering the facts and
circumstances, I proceed to pass the following order:-
O r d e r
i. Application is hereby allowed.
ii. The applicant is entitle to receive the amount which has been
freezed by the police and which is lying in the account of the accused.
iii. The Bank Managers of the concerned banks are hereby directed
to defreeze the amount which has been freezed by police and transfer
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the amount to the extent of Rs. 30,658/- in the bank account of the
applicant.
iv. The applicant to provide details of his bank account to the
concerned banks, wherein, the said amount is to be credited.
v. The applicant shall execute Supurtanama bond of Rs. 40,000/-
(Rupees Forty Thousand Only) before P.I. of concerned police station.
vi. I.O. to file Supurtnama bond along with charge-sheet.
vii. The applicant to co-operate in investigation and to produce
necessary documents at the time of hearing of case and also before I.O.
Date:- 08.05.2026 ( S. M. Patil )
aaw Judicial Magistrate (First Class),
26th Court, Borivali, Mumbai.
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