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. 225/N/2022
C.R. No. 149 /2022
Kherwadi Police Station
CNR MHMM180026382022
Rohan Shyam Amladi … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi PS) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Rohan Shyam
Amladi for release of Apple iphone XR Red 64 GB mobile phone, which is
seized by Kherwadi the in connection with Crime No.149/2022 registered
with said police station for the offence punishable under section 379 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. She prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record xerox copies of computer generated invoice receipt, FIR,
statement, Aadhar card alongwith his affidavit. In the invoice receipt the
name of purchaser is different than the name of applicant. Therefore, he is
not entitled to get the custody of the mobile. Under such circumstances, I
pass following order :
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:: O R D E R	O R D E R ::
Application is rejected.
Date : 22.07.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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