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. 60/N/2020
C.R. No. 10/2020.
Kherwadi Police Station.
Sharda Chennaiah Gupa … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
SAMSUNG GALAXY J5 PRIME MOBILE PHONE.
By this application the applicant is seeking return of one
Samsung Galaxy J5 prime mobile phone, as quoted in the application,
being entitled for the same. It is further alleged that, it was stolen by
somebody, therefore she had lodged complaint with Kherwadi police
station. Said mobile is recovered by Kherwadi police station. She 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 etc..
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 her.
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 Samsung Galaxy J5 prime mobile phone, IMEI
No.351676/09/022343/1 be handed over to the applicant
Sharda Chennaiah Gupa, subject to furnishing Indemnity
bond of र 14,000/ (Rs. Fourteen Thousand Only).
ii) She 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 : 27.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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