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. 838/N/2019
C.R. No. 238/2019.
Kherwadi Police Station.
Dipmala Anil Waghmare … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
ONE OPPO MOBILE PHONE WITH SIM CARD, ONE NIOKIA MOBILE
PHONE WITH SIM CARD, ONE BLACK VIVO MOBILE PHONE WITH SIM
CARD AND CASH OF RS.1,000/, TOTAL WORTH OF RS.28,000/
By this application the applicant is seeking return of OPPO
mobile phone with SIM card, one Nokia mobile phone with SIM card, one
black Vivo mobile phone with SIM card & cash of Rs.1,000/, as quoted in
the application, being entitled for the same. The Kherwadi police station
has seized said muddemal in the alleged offence of theft. She 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 of applicant, copy of invoice etc.
2. Accordingly say of investigating officer and learned APP were
called. Investigating officer given his no objection to return said muddemal
in favour of applicant. Whereas, learned APP sought to impose certain
conditions on applicant and directions given to IO to obtain photographs,
prepare panchanama & submit alongwith the chargesheet.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned seized 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 her.
Hence, upon imposing certain conditions the said muddemal may be
released in favor of applicant. Hence, the following order :
ORDER
i) The seized OPPO mobile phone with SIM card, one Nokia
mobile phone with SIM card, one black Vivo mobile phone
with SIM card & cash of Rs.1,000/ be handed over to the
applicant Dipmala Anil Waghmare, subject to furnishing
Indemnity bond of र 28,000/ (Rs. Twenty Eight 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
muddemal from all angles, note down the denomination of
currency notes and prepared panchanama & submit the same
alongwith chargesheet.
iv) Copy to the concerned police station for compliance of this
order.
Date : 02.12.2019
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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