Interim Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 233/N/2024.
complaint No. 31907230025817
MHMM18-005519-2024
Nirmal Nagar Police Station.
Shams Tabrez Parvez Khan … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Shams Tabrez
Parvez Khan for defreeze account No.86025204951 IDFC Bank for amount of
Rs.82,740/- and seeking permission to transfer the said amount in applicant’s
State Bank of India Account No.35411686301 IFSC Code SBIN0007780 Branch
Bandra Carter Road. Said amount is seized by the Nirmal Nagar Police Station
in connection with Cyber complaint No.31907230025817 which is under
investigation by Nirmal Nagar Police Station.
2) Say was called from I. O. and A.P.P. The I.O. has given his no
objection. The learned APP prayed for appropriate order.
3) In support of his contention regarding ownership, applicant has
filed on record online cyber complaint, verified copies of bank statement,
Aadhar card and PAN card alongwith his affidavit.
4) In the matter of
Sunderbhai Ambalal Desai V/s. State of Gujrath,
AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain guidelines
as to the property which is seized by the police during the investigation, which
is to be disposed of as early as possible.
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5) In this application, the applicant is the informant. The amount of
Rs. 82740/- is hold in the account No.86025204951 of IDFC Bank. This
amount is on hold by the police authority. At this juncture no other person has
claimed this amount. The custody is an interim custody. The applicant is
bound to maintain the same till final disposal of the crime. I do not find any
legal hindrance in allowing the application. As per the ratio mentioned above
said cash is returned to the applicant in the interest of the justice as prayed.
Under these circumstances, pass the following order :-
-:	-: O R D E R	O R D E R :-	:-
1 Application is allowed as prayed in the interest of the justice.
2 The interim custody of Rs. 82740/- is hold in the account
No.86025204951 of IDFC Bank be released and revert back to the
account of the applicant in State Bank of India Account
No.35411686301, IFSC Code SBIN0007780, Branch Bandra Carter
Road, on executing indemnity bond of Rs. 85,000/- (In words rupees
Eighty Five Thousand only), in the police station.
3 The applicant should undertake that he shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the
Cyber case No.31907230025817 of Nirmal Nagar Police Station and
criminal case incidental there of.
4 Said application is to be affixed with Cyber case No.31907230025817.
Date : 25.10.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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