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. 199/N/2022
C.R. No. 142/2022.
Kherwadi Police Station
CNR MHMM180022762022
Ayesha Ayub Khan … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi PS) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Ayesha Ayub
Khan for release of seized cash of Rs.50,000/, one nose ring (0.240
grams), two finger rings (1.910 grams & 2 grams) in connection with Crime
No.142/2022 registered with Kherwadi police station for the offence
punishable under section 149, 417, 420, 406, 506 r/w 34 of IPC.
2) Say was called from I. O. and A.P.P. IO has no objection. The
Ld. APP has an objection and submitted that it is material evidence during
trial. Say of accused and jeweller called. Jeweller Dalchand Suthar has no
objection.
3) In support of her contention regarding ownership, applicant
has filed on record zerox copies of FIR and verified copy of Aadhar card
alongwith her affidavit. The applicant failed to procure the presence of
Rubina Abbu Khan from whom said gold ring seized. Rubina M. Shaikh
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filed NOC but, she is not the accused person. The applicant failed to take
the say of accused persons in said CR. In this application, as per FIR there
are two accused persons and no say filed on their behalf. Therefore,
applicant is not entitled to get the custody of the seized muddemal. Under
such circumstances, I pass following order :
:: O R D E R	O R D E R ::
Application is rejected.
Date : 17.09.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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