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.MHMM18-001795-2025 C. C. No. 86/N/2025
Veda V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for return of amount of
I.7,26,500/- freezed by Santacruz police (Cyber Crime Portal)
complaint No.31905240069617 registered under the provision of Cyber
Crime, lying with beneficiary/fraudster’s Bank account is as follows...
Sr. No. Beneficiary’s Bank IFSC Code Account No.
1 HDFC0000001 50200030989051
2. I.O. did not object to credit the freezed amount to the
applicant’s bank account from the account of beneficiary. 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
C.R. No.39/2025, under sections 318 (4), 319(2) of The Bharatiya
Nyaya Sanhita, 2023 r/w.s. 66 (c), 66(d) of I. T. Act, Bank and
transaction Details. Application is well supported by affidavit of
applicant. 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 allowed.
2. The custody of cash amount of I.7,26,500/- freezed by
Santacruz police (Cyber Crime Portal) complaint
No.31905240069617 registered under the provision of
Cyber Crime, lying with beneficiary/fraudster’s Bank
account is as follows...
Sr. No. Beneficiary’s Bank IFSC Code Account No.
1 HDFC0000001 50200030989051
be credited in the victim/ applicant’s bank account
mentioned in the application i.e. Account
No.00791000130019 of HDFC Bank, on furnishing
indemnity bond of I.7,26,500/-.
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 : 17/03/2025.
SRD
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
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