Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 65/N/2025.
C.R. No. 498/2025.
Kherwadi Police Station.
MHMM180011682025
Laxmishankar Ramjeet Mishra … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW EXH-1
This application is filed by the applicant namely
Laxmishankar Ramjeet Mishra for release of Bajaj Auto rickshaw bearing
registration No. MH-47-D-5702 which is seized by the Kherwadi police
station in connection with Crime No. 498/2023 registered with the said
police station.
2) IO and APP filed their say. They both objected and
submitted that there are chances of repetition of offence and commission
of similar another offence. As such, they both prayed for rejection.
3) In support of her contention regarding ownership, applicant
has filed on verified copies of RC book, Aadhar Card and xerox copy of
insurance certificate alongwith his affidavit.
4) In the matter of
Sunderbhai Ambalal Desai V/s. State of
Gujrath, AIR 2003, SC 638 the Hon'ble Supreme Court has laid
downcertain guidelines as to the property which is seized by the police
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during the investigation, which is to be disposed of as early as possible.
At this juncture no one except the applicant has shown better title to the
seized property. As per this ratio, said vehicle is returned to the
applicant. Under such circumstances, pass following order :-
-:	-: O R D E R	O R D E R :-	:-
1] Application is allowed.
2] The seized muddemal property i.e. Bajaj Auto
rickshaw bearing registration No. MH-47-D-5702
be anded over to applicant on executing
indemnity bond of Rs.2,50,000/- (In words
rupees Two Lakhs Fiftt Thousand only), in the
police station.
3] The applicant should undertake that she shall not
transfer, pledge or any other way alienate the
said muddemal till the final disposal of the
Crime No.498/2023.
4] The applicant is also directed to produce the said
muddemal property as and when ordered to do
so.
5] The I.O. is directed to draw the proper
panchanama and take out two photographs of
the muddemal property in order to establish the
identity for identification and evidence.
6] The applicant is also directed to produce her
address proof.
7] Said application is to be affixed with Crime
No.498/2023.
Date : 03.03.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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