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. 776/N/2019
C.R. No. 2/2019
Kherwadi Police Station.
Smt. Shewta Pradeep Sambre … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF SEIZED
MUDDEMAL(STRIDHAN PROPERTY)
By this application the applicant is seeking return of seized
muddemal property i.e. Stridhan property, as quoted in the application,
being entitled for the same. The Kherwadi police seized said muddemal in
pursuant of misappropriation of Stridhan property. She is ready to produce
the said property whenever required till final disposal of case. The
application is supported by affidavit of applicant.
2. Accordingly say of investigating officer, learned APP &
respondent were called. Investigating officer has rendered his no objection
to release seized property in favour of applicant. Whereas, learned APP
failed to file say. Respondent have filed his say and objected the application.
Today, respondent has filed affidavit of no objection to release said
muddemal in favour of applicant stating that they have settled their
disputes and filed consent terms before Family court.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned muddemal 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 her.
Hence, upon imposing certain conditions the said muddemal may be
released in favor of applicant. Hence, the following order :
ORDER
i) The seized property be handed over to the applicant Smt.
Shewta Pradeep Sambre, subject to furnishing Indemnity
bond of र 25,900/ (Rupees Twenty Five Thousand Nine
Hundred Only.)
ii) She shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
muddemal from all angles for its proper identification in
future.
iv) Copy to the concerned police station for compliance of this
order.
Date : 04.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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