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. 502/N/2018
C.R. No. 196/2018.
Nirmal Nagar Police Station.
Tanuhar Malla @ Sanuyar Husein
Malla
… Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
MI COMPANY MOBILE PHONE.
By this application the applicant Tanuhar malla @ Sanuyar
Husein Malla, is seeking return of one MI Company Mobile phone, as
quoted in the application, being entitled for the same. It is further alleged
that, it was stolen by somebody, 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 and purchase invoice.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release the said
mobile in favour of applicant, whereas learned APP objected the application
on the ground that offence is serious and applicant has not filed any
document to show his ownership over said property.
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
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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 :
ORDER
i) The seized Samsung S7 Mobile phone be handed over to the
applicant Mohd. Faizan Shahid Ali Khan, subject to
furnishing Indemnity bond of र 40,000/ (Rs. Forty 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 : 19.06.2018
ssl.
(S. N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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