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. 284/N/2025.
complaint No. 31912240185030
Nirmal Nagar Police Station.
MHMM18-006561-2025
Pooja Ramashankar Yadav … 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 Pooja
Ramashankar Yadav for defreez / release amount of Rs.37,098/-, which is on
hold in the different bank as per list attached and to transfer said amount in
applicant’s State Bank of India, account No.00000040694395353, IFSC Code
SBIN00003838. Said amount is on hold in different bank accounts as per list
attached in connection with Cyber complaint No.31912240185030 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 returning the property on imposition of
terms and conditions.
3) In support of her contention regarding ownership, applicant has
filed on record online cyber complaint, verified copy of Aadhar card, bank
statement, telegram chats alongwith her 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.37,098/-, which is on hold in the different bank as per list, 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.Rs.37,098/-, which is on hold in
the different bank as per list, be released and reverted back to the account
of the applicant provided by her in State Bank of India, account
No.00000040694395353, IFSC Code SBIN00003838, on executing
indemnity bond of Rs. 80,000/- (In words rupees Eighty Thousand only),
in the police station.
3 The applicant should undertake that she shall not transfer, pledge or any
other way alienate the said muddemal till the final disposal of the Cyber
case No.31912240185030 of Nirmal Nagar Police Station and criminal
case incidental there of.
4 Said application is to be affixed with Cyber case No.31912240185030.
Date : 03.07.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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