Final Order 1

Order Details: Order Below EX 1
Pdf Text: C.C. No. : 39/N/2020
Order below application for return of property
1. Read the application. It appears that informant Pravin Badriprasad Mishra
lodged complaint of theft of Auto Rickshaw bearing registration No MH02CT2941
valued Rs.70,000/ and police has seized the same in crime no.03/2020 from the
custody of accused. Present applicant has given said Auto Rickshaw to informant for
driving on rental basis. He has no objection to return said auto rickshaw to present
applicant as he is the original owner. To support his claim, applicant has filed his
affidavit, affidavit cum No objection of informant, copy of FIR, copy of Insurance papers
and copy of Certificate of Registration.
2. On this application say of Ld. APP was called. Ld. APP submitted that, property
claimed by applicant is required during trial and hence, submitted to pass necessary
conditional order. Investigating officer has also no objection to return the said property
to its owner.
3. On the basis of documents filed on record, it is confirmed that, present
applicant has given his auto rickshaw to informant and he has no objection to return
the said auto rickshaw to present applicant as he is the original owner. To support his
claim he has filed NOC Affidavit of informant on record. No purpose would be served
by keeping auto rickshaw idle in the police station. Therefore, applicant is entitled for
custody of above auto rickshaw on certain conditions. With this, I proceed to pass
following order :
O R D E R
i] Application is allowed.
ii] The Inspector of Khar Police Station, shall hand over the Auto
Rickshaw bearing registration No MH02CT2941 to the present applicant
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subject to Indemnity Bond for Rs.80,000/ (Rupees Eighty Thousand
Only) undertaking to the effect that,
(a) he will not alienate, destroy, give on rent or part with the possession
of the above auto rickshaw,
(b) he will produce the property before the Police Station or the Court
as and when directed by this Court.
(c) that the applicant to furnish photographs of auto rickshaw to the police station,
which lateron to be filed along with the final report in the Court by the police.
( Sudhir N. Shinde )
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
Dt.02.03.2020 I/c. A.C.M.M. 9th Court, Bandra, Mumbai.
Kkg
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