Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 19/N/2020
C.R. No. 423/2019.
Nirmal Nagar Police Station.
Rahil Haque Molla … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
VIVO Y83 MOBILE PHONE IMEI NO. 869511048494245.
By this application the applicant is seeking return of one VIVO
Y83 mobile phone, as quoted in the application, being entitled for the same.
It is further alleged that, it was stolen by accused, therefore he had lodged
complaint with Nirmal Nagar police station and said mobile is recovered by
Nirmal Nagar police station. He is ready to produce the said property
whenever required till final disposal of case. The application is supported
by various documents such as copy of F.I.R., affidavit & Aadhar card.
2. Accordingly, say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release said
muddemal in favour of applicant. Whereas, Ld. APP failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned mobile phone may be
temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by him.
Hence, upon imposing certain conditions the said mobile may be released in
favor of applicant. Hence, the following order :
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2
ORDER
i) The seized one VIVO Y83 mobile phone be handed over to the
applicant Rahil Haque Molla, subject to furnishing Indemnity
bond of र 9,000/ (Rs. Nine Thousand Only).
ii) He shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
mobile from all angles for its proper identification in future.
iv) Copy to the concerned police station for compliance of this
order.
Date : 16.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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