Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE, (FIRST CLASS),
71ST COURT, BANDRA, MUMBAI.
CNR NO.MHMM18-001794-2025 C. C. No. 85/N/2025
Aashiya V/s. Vakola P. Stn.
ORDER
1. This is an application filed for return of amount of
I.3,39,701/- freezed by Vakola police (Cyber Crime Portal) complaint
No.31901250001117, 31901250007029 & 31901250005163/2025
registered under the provision of Cyber Crime, lying with
beneficiary/fraudster’s Bank accounts.
2. I.O. did not object to credit the freezed amount to the
applicant’s bank account from the account of beneficiary lying with Axis
Bank account No.924010047795664. Ld. A.P.P. objected to release the
amount, as it requires for trial.
3. Admittedly, freezed amount belongs to the applicant.
Applicant in support of her contention has produced xerox copies of
Cyber complaint application, Bank and transaction Details, her Aadhar
Card. Application is well supported by affidavit of applicant. Through
Pursis applicant requested to allow the application as per Investigating
Officer report. Custody of the freezed amount is not required for further
investigation.
4. In such circumstances, no good purpose would serve
keeping the said freezed amount further in custody. For the
apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the freezed amount. In the result, following order is
passed :-
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ORDER
1. The application is partly allowed in respect of complaint
No.31901250005163/2025 only.
2. The custody of cash amount of I.39,700/- freezed by
Vakola police (Cyber Crime Portal) complaint No.
31901250005163/2025 only registered under the
provision of Cyber Crime, lying with
beneficiary/fraudster’s Bank account is as follows…
Sr. No. Beneficiary’s Bank Account No.
1 Axis Bank 924010047795664
be credited in the victim/ applicant’s bank account
mentioned in the application i.e. Account
No.520101010773149 of Union Bank of India, on
furnishing indemnity bond of I.39,700/-.
3. The Investigating Officer is directed to draw panchmana
and produce the same with indemnity bond of applicant
alongwith the 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 by her then she will have to
deposit the said amount in the court.
Mumbai.
Date : 27/03/2025.
SRD
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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