Final Order 1

Order Details: Copy of Order
Pdf Text: IN THE COURT OF THE ADDL. CHIEF JUDICIAL MAGISTRATE,
24TH COURT, BORIVALI, MUMBAI
ORDER BELOW EXH.1 IN C.C.NO.1984/N/2025
IN C.C.NO.2243/PW/2014
(in C.R.No.315/2012 of Charkop Police Station)
The present application is filed by the applicant/original informant viz
Anil Gajanan Bandre for return of amount lying in the account in which the said
fraud has been committed. It appears from the record that there is transaction
between the applicant and the accused for purchasing MHADA flat in cheap rate and
for that purpose the applicant paid amount to the accused. Receipt of the payment
signed by the accused and other relevant documents are submitted before the court
during the evidence of the present applicant/witness in the present case.
2. Say of Investigating Officer and Assistant Public Prosecutor was called. In
response, the I.O. has filed his say vide O.W.No.3689/2026. There is no objection of the
I.O. to return the freezed amount to the applicant. The Ld. APP requested to pass
necessary order. The application is supported with affidavit of the applicant. The
copies of FIR in C.R.No.315 of 2012 of Charkop Police Station, Final Report in
C.C.No.2243/PW/2014, Passbook, Aadhar Card are also produced in this application.
3. I have gone through the application, say filed by IO and Ld. APP. I have gone
through the documents filed by the applicant on record. Prima-facie it appears that the
applicant has proved the claim and entitlement to the extent of amount frozen in the
account of the accused by the bank. Therefore, no prejudice would be caused to
prosecution, if the amount in the said account is released and transferred in the
account of the applicant/ informant. Hence, considering the facts and circumstances, in
my opinion, applicant is
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entitled to receive the amount which has been freezed in the account of the accused.
Therefore, I pass following order.
ORDER
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1. Application is hereby allowed.
2. The Investigating officer is hereby directed to de-freez bank
accounts of the accused , freezed in C.R. 315/2012 of Charkop
Police Station and further directed to ask the concerned bank
to release / transfer the said amount of Rs.2,90,800/- (Rs.Two
Lakhs Ninety thousand Eight hundred only) to the bank
account of the applicant Anil Gajanan Bandre.
3. The applicant is directed to execute Indemnity Bond for the
said amount by giving undertaking that the applicant shall
produce the same as and when required by the court during
the trial or in appeal/ revision/writ petition in future, so also
the applicant will deposit said cash in court, as and when
directed by the court.
4. Inform police authority accordingly.
5. Copy of the said order be kept alongwith case arising out of
the abovesaid crime.
sd/-
Mumbai (B.N.Chikne)
Date : 26/05/2026
ASD.
Addl.Chief Judicial Magistrate,
24th Court, Borivali, Mumbai.
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