Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 61 N 2024 Shelton Vs State and anr.
CNR-MHMM18-002402-2024
ORDER BELOW EXH.1
1. The application under Section 457 of Code of Criminal Procedure,
for release of property i.e. defreezing of bank account, mentioned in the
application.
2. The summary of this application is that, the offence at C. R.
No.1827 of 2023, was registered with Bandra Police Station, Mumbai,
alleging that informant has been defrauded by present applicant under the
pretext of providing help for procuring various permissions from local
authority for construction of her house to the tune of Rs.4,00,000/-. The
present applicant was arrested and an amount of Rs.4,00,000/- has been
seized from him by freezing his bank account. Now applicant/accused
filed this application contending that he has no connection with the
alleged act and till date cooperated with the investigation. Due to action
taken by respondent, its every economic activity as mentioned in the
application is stopped. Applicant is ready to remain abide by the
conditions, if any, imposed.
3. Respondent and Ld. A.P.P. objected to it. The summary of their
objections is that allegations are serious. Investigation is yet incomplete
and there found connections between this account and the alleged
transactions. There is possibility of tampering. Therefore, application
shall be rejected.
4. On perusal of record it is noticed that the the main allegations are
somewhat of civil nature. Investigation relating to applicant/accused is
over. The amount lying in the account seems to have no connection with
the allegations, as there found no evidence to suggest that the amount is
the same amount in respect of which offence was registered. Due to
freezing of account every activity of the applicants is halted. Applicant is
ready to remain abide by the conditions. There appears no hindrance in
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Notice Case No. 61 N 2024 Shelton Vs State and anr.
CNR-MHMM18-002402-2024
allowing the application as applicant may suffer irreparable loss and
investigation relating to account is already over. Accordingly, following
order -
ORDER
a. The application is allowed.
b. The restrictions for operation of bank account, bearing
No.39657210832, maintained with State Bank of India, Branch Goa
(Code No.00509), standing in the name of Universal Solutions Pvt. Ltd.,
Proprietor Shelton Gomes, is removed/withdrawn.
c. Issue letter to the respondent/Investigating Officer of concerned
police station of the present crime. He is directed to issue letter
accordingly to concerned bank and request for defreezing of the bank
account mentioned in the application after compliance of above
conditions.
MUMBAI (KOMALSING RAJPUT)
DATE – 15.05.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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