Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 485/N/2023
Mitali V/s. B.K.C. P. Stn.
ORDER BELOW EXH.1
1. The application is filed by the applicant for return of cash
amout of I29,876, laying at SBI account No.00000034833540651,
00000040694035897, 00000041520811773, frozen by BKC Police Station
in C.R.No. 348/2023, registered U/Sec. 419, 420 r/w. 34 of I.P.C. r/w. 66
(C) and 66 (D) of I. T. Act, 2000.
2. On perusal of FIR, it appears that the applicant is first
informant. During course of investigation police machinery has frozen
above mentioned bank accounts laying at SBI.
3. The applicant is praying for returning of his cash amount. He
has produced on record copy of FIR, her Aadhar Card, complaint type :
Report and Track, Fradulant Transaction Details, Gpay and Paytm payment
receipts, bank statement which shows amount was directly credited to
above referred bank accounts No.No.00000034833540651,
00000040694035897, 00000041520811773. Application is well supported
by affidavit of applicant. On perusal of the said documents, it appears that
the applicant is lawful owner of amount lying in freezed bank accounts.
Therefore, the IO has given no objection to defreez bank accounts
No.00000034833540651, 00000040694035897, 00000041520811773,
laying in SBI, as prayed by the applicant. There is no rival claim by any
person in respect of the seized muddemal. Custody of the seized
muddemal is not required for further investigation.
4. The documents produced by the applicant supported his
submission. From the record and the say of IO, it does not appear that the
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applicant had any complicity in the alleged offence. He requires the said
bank accounts amount to be in operation to his daily needs. Hence, it will
be proper to defreez these accounts by imposing conditions. It will be
proper to obtain indemnity bond from the applicant to meet any
contingency that may arise to indemnify the amount, if the situation
required. In the result, following order is passed.
ORDER
1. The application is allowed.
2. The SBI Bank account No.00000034833540651,
00000040694035897, 00000041520811773, freezed by
B.K.C. Police Station in connection with
C.R.No.348/2023, registered U/Sec. 419, 420 r/w. 34 of
I.P.C. r/w. 66 (C) and 66 (D) of I. T. Act, 2000, as
mentioned in the say of the IO are defreezed an amount
of I29,876/- be given to the applicant.
3. The applicant to execute indemnity bond of R.30,000/-.
4. The Investigating Officer is directed to draw proper
panchnama and it be produced alongwith indemnity bond
at the time of filing the final report.
Mumbai.
Date : 21/12/2023.
SRD
Sd/-
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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