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. 216/N/2019
C.R. No. 85/2019.
Nirmal Nagar Police Station.
Shraddha Uday Trivedi … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
MI REDMI NOTE4 MOBILE PHONE.
By this application the applicant is seeking return of Mi Redmi
Note4 mobile phone, as quoted in the application, being entitled for the
same. The Nirmal Nagar police station has seized said mobile in the alleged
offence of theft. 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 of applicant, affidavit cum NOC
of owner of said mobile phone, purchase invoice etc.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release said mobile
phone in favour of applicant. Whereas, learned 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 entitled 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 Mi Redmi Note4 mobile phone be handed over to
the applicant Shraddha Uday Trivedi, subject to furnishing
Indemnity bond of र 7,000/ (Rs. Seven 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.
Sd/
Date : 20.03.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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