Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 267/N/2025.
CR No. 52/2025
Kherwadi Police Station.
MHMM18-005944-2025
Dashrath Nagesh Devnoor … Applicant
V/s.
1. State of Maharashtra
(Kherwadi Police Station)
...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Dashrath Nagesh
Devnoor for reversal of amount of Rs.50,000/-, which is on hold in the Pujab
National Bank account No. 03881000071417 and to transfer said amount in
applicant’s Axis Bank account No. 911010021562556. Said amount is on hold
in abovesaid Punjab National Bank account in connection with Cyber CR No.
52/2025 which is under investigation by Kherwadi 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 returning the property on imposition of
terms and conditions.
3) In support of his contention regarding ownership, applicant has
filed on record verified copy of Aadhar Card and online copy of complaint, ,
bank statement and xerox copy of FIR, statement 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.
5) In this application, the applicant is the informant. The amount of
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Rs.50,000/-, which is on hold in Pujab National Bank account No.
03881000071417 is claimed. 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 the amount of Rs.50,000/-, which is on hold in
Pujab National Bank account No. 03881000071417 be released and
reverted back to the account of the applicant provided by him in Axis
Bank account No. 911010021562556, IFSC Code UTIB0001964, on
executing indemnity bond of Rs. 80,000/- (In words rupees Eighty
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 CR No.
52/2025 of Kherwadi Police Station and criminal case incidental there of.
4 Said application is to be affixed with CR No. 52/2025
Date : 13.06.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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