Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 498/N/2018
C.R. No. 192/2018.
Nirmal Nagar Police Station.
Asif Yusuf Shaikh … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
SAMSUNG J7 MOBILE PHONE
By this application the applicant Asif Yusuf Shaikh, is seeking
return of one Samsung J7 mobile phone, as quoted in the application, being
entitled for the same. It is further alleged that, it was stolen by accused,
therefore he had lodged complaint with Nirmal Nagar police station and
said mobile is recovered by Nirmal Nagar police station. He is ready to
produce the said property whenever required till final disposal of case. The
application is supported by various documents such as copy of F.I.R.,
affidavit.
2. Accordingly say of investigating officer and learned APP were
called. They both have failed to file their say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned mobile phone may be
temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by him.
Hence, upon imposing certain conditions the said mobile may be released in
favor of applicant. Hence, the following order :
-- 1 of 2 --
2
ORDER
i) The seized Samsung J7 mobile phone be handed over to the
applicant Asif Yusuf Shaikh, subject to furnishing Indemnity
bond of र 5,000/ (Rs. Five Thousand Only).
ii) He shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
mobile from all angles for its proper identification in future.
iv) Copy to the concerned police station for compliance of this
order.
Date : 26.07.2018
ssl.
(S. N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
-- 2 of 2 --