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. 544/N/2022
C.R. No. 713 /2022.
Kherwadi Police Station.
CNR No. MHMM180074832022
Brijesh Kumar Dinesh Kumar … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Brijesh Kumar
Dinesh Kumar for release of Realmi Company mobile phone which is seized
by the Kherwadi Police Station in connection with Crime No.713/2022
registered with the said police station for the offence punishable under section
379 of I.P.C.
2) Say was called from I. O. and A.P.P. The I.O. has no objection.
The learned A.P.P. has an objection and submitted that, the name of the
applicant and informant are different and he may tamper the mobile. She
prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record verified copy of tax invoice and xerox copies of FIR, statement
& Aadhar card alongwith his affidavit. The applicant filed his affidavit stating
that Brijesh Kumar Dinesh Kumar and Brijesh Dinesh Shrivastav is same person
and he is the original owner.
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. As per this ratio,
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said mobile is returned to the applicant. Under such circumstances, I pass
following order :
:: O R D E R	O R D E R ::
1] Application is allowed.
2] The seized muddemal property i.e. Realmi Company mobile phone be
handed over to applicant on executing indemnity bond of Rs.13,000/
(In words Rupees Thirteen 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 Crime
No.713/2022 of Kherwadi Police Station and criminal case
incidental there of.
4] The applicant is also directed to produce the said muddemal property as
and when ordered to do so.
5] The I.O. is directed to draw the proper panchanama and take out two
photographs of the muddemal property in order to establish the identity
for identification and evidence.
6] The applicant is also directed to produce his address proof.
7] Said application is to be affixed with Crime No.713 /2022.
Date : 25.08.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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