Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 112/N/2024
Balram V/s. Santacruz P. Stn.
ORDER BELOW EXH.1
1. Applicant viz. Balram Shivnath Prasad Madheshiya has filed
the present application for defreezing his bank accounts are as follows,
Sr. No. Bank Name. Account No. Amount
1 Union Bank of India. 432802010018096 27,500/-
2. Accordingly, notice to respondent has been issued and say of
Investigating Officer and Ld. A.P.P. has been called out.
3. I.O. has given no objection to return the freezed cash amount
only tune of amount of I 21,250/- to the applicant.
4. Ld. A.P.P. raised objection to release the freezed muddemal.
5. Admittedly freezed cash amount belongs to the applicant. The
contention of the applicant is well supported by his affidavit. Applicant in
support of her contention has produced xerox copies of complaint incident
detail in cyber crime incident and his Aadhar Card and all bank details,
wherein transaction has been made out. There is no rival claim by any
person in respect of the freezed cash amount. Custody of the alleged cash
amount is not required for further investigation. In such circumstances, no
good purpose would serve keeping the said cash amount further in
custody. Applicant is entitled to receive the freezed cash amount. In the
result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount, as mentioned below ..
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Sr. No. Bank Name. Account No. Amount
1 Union Bank of India. 432802010018096 27,500/-
freezed in the crime by Santacruz Police Station in cyber
police portal. No.21911230105658 registered under online
financial fraud, be defreezed and it be returned to the
applicant on furnishing indemnity bond of R.27,500/-.
3. The Investigating Officer is directed to draw panchnama of
the said amount and produce the same with indemnity bond
of applicant along with 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 then he will have to deposit the said
amount in the court.
Mumbai
Date : 04/04/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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