Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 225/N/2024
Madhurendra V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for return of cash amount of
R.45,026/- freezed lying with the State Bank of India account bearing
No.41234912370, registered punishable under the provision of Cyber
Crime complaint Acknowledgment No.21904230033595 of Santacruz
Police Station punishable provision of Cyber Crime.
2. I.O. did not object to return the seized cash to the applicant.
Ld. A.P.P. objected to release the cash, as it requires for trial.
3. Admittedly, seized cash belongs to the applicant. Applicant in
support of his contention has produced xerox copies of Cyber Crime
complaint Acknowledgment, Bank account details, e-mail in respect of
complaint transfer to police and his Aadhar Card. Application is well
supported by affidavit of applicant. Custody of the seized cash amount is
not required for further investigation. In such circumstances, no good
purpose would serve keeping the said cash amount further in custody. For
the apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the seized cash amount only. In the result, following
order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of R.45,026 be credited in the
State Bank of India account No.11875182743 from State
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Bank of India account bearing No.41234912370, which is
freezed in the Cyber Crime complaint Acknowledgment
No.21904230033595 Santacruz Police Station punishable
under provision of Cyber Crime be returned to the
applicant on furnishing indemnity bond of R.45,026/-.
3. The Investigating Officer is directed to draw panchmana
and produce the same with indemnity bond of applicant
alongwith the 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 by it then he will have to deposit the
said amount in the court.
Mumbai
Date : 07/06/2024.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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