Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 36/N/2024
Shwetal V/s. Santacruz P. Stn.
ORDER BELOW EXH.1
1. Applicant viz. Shwetal Priyank Mehta has filed the present
application for defreezing her bank accounts are as follows,
Sr. No. Bank Name. Account No. Amount
1 State Bank of India. 4160474967 2,00,000/-
2 Bank of Baroda. 67210100003524 1,00,000/-
3 Bank of Baroda. 11680100014590 15,600/-
2. Accordingly, notice to respondents have been issued and say of
Investigating Officer and Ld. A.P.P. has been called out.
3. I.O. has given no objection to return the freezed cash amount
to the applicant.
4. Ld. A.P.P. raised objection to release the freezed muddemal.
5. Admittedly freezed cash amount belongs to the applicant. The
contention of the applicant is well supported by her affidavit. Applicant in
support of her contention has produced xerox copies of F.I.R. and her
Aadhar Card and all bank details, wherein transaction has been made out.
There is no rival claim by any person in respect of the freezed cash
amount. Custody of the alleged cash amount is not required for further
investigation. In such circumstances, no good purpose would serve keeping
the said cash amount further in custody. Applicant is entitled to receive the
freezed cash amount. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount, as mentioned below ..
-- 1 of 2 --
~2~
Sr. No. Bank Name. Account No. Amount
1 State Bank of India. 4160474967 2,00,000/-
2 Bank of Baroda. 67210100003524 1,00,000/-
3 Bank of Baroda. 11680100014590 15,600/-
freezed in the crime by Santacruz Police Station in C. R.
No.328/2023 registered under section 420 r/w 34 of I.P.C.
r/w. 66 (C) and 66 (D) of I.T. Act, be defreezed and it be
returned to the applicant on furnishing indemnity bond of
R.3,15,600/-.
3. The Investigating Officer is directed to draw panchnama of
the said amount and produce the same with indemnity bond
of applicant along with final report.
4. The applicant shall submit undertaking that, in case court
concluded at the end of trial that, the said amount is not
entitled to receive then she will have to deposit the said
amount in the court.
Mumbai
Date : 01/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
-- 2 of 2 --