Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 824 N 2021 Khanderao Vs State
CNR-MHMM18-003742-2021
ORDER BELOW EXH.1
1. This is an application under Section 457 of Code of Criminal
Procedure for release of property.
2. It is contended by applicant that he is employee of S.D.P. Trans-
Treasure Service India Private Limited that it is doing business of
uploading cash in various A.T. Machines of various banks. It found
difference in the cash to be uploaded. Therefore, offence was registered
with respondent. Now said cash is required which is lying in the custody
of respondent. Therefore, this application.
3. Say of I.O. and Ld. A.P.P. was called. Ld. A.P.P. not filed any say.
Investigating Officer filed his say and informed that he has no objection
to handover the cash claimed by the applicant to a authorized person. The
application is filed only in respect of amount of Rs.83,07,000/-. It is
clarified that actual amount seized is Rs.84,00,000/-. Investigation
relating to cash seems to be completed. Applicant is in need of cash and it
remained with investigating agency it will suffer loss.
4. But after going through the application it is noticed that it is filed
by Mr. Khanderao Nerkar, in his personal capacity without mentioning
anything in it about his authority to file this application and take custody
of cash. One photocopied document named as Letter of Authority is also
filed on record, which lacks genuineness. The amount involved is high.
Without asserting credentials of applicant and his authority to prosecute
on behalf of his principal, the application can not be allowed.
5. The Ld. Advocate present before this court requested to amend the
application to rectify the error. The application is old. Considering the
nature of application, the stake involved and deficiency to be rectified,
such amendment can not be allowed. Rather it is in the interest of justice
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Notice Case No. 824 N 2021 Khanderao Vs State
CNR-MHMM18-003742-2021
that applicant shall apply afresh rectifying all the errors relating to amount
involved and authorization required. Therefore, following order -
ORDER
The application is filed. Permission granted to apply afresh.
MUMBAI (KOMALSING RAJPUT)
DATE – 03.06.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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