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. 619/N/2022
C.R. No. 616/2021.
Nirmal Nagar Police Station
CNR MHMM180087542022
Mithilesh Kumar Choubey … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar PS) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Mithilesh
Kumar Choubey for release of autorickshaw bearing No.MH02EQ5911,
which is seized by the Nirmal Nagar police station in connection with Crime
No.616/2021 registered with said police station for the offence punishable
under section 379 of IPC.
2) Say was called from I. O. and A.P.P. I.O. has no objection. Ld.
APP has an objection and submitted that it is essential at the time of trial.
She prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record verified copies of driving licence, Aadhar card, permit,
expired fitness certificates, Registration Certificate, cab driver ID card, PAN
card and xerox copies of FIR, statement and insurance papers alongwith his
affidavit. The applicant filed verified copy of RC book, which shows the
name of owner as Abdul Rab Dildar Ahmed and furthermore applicant
failed to produce original owner before court as well as failed to file fitness
certificate of vehicle. Therefore, he is not entitled to get the custody of the
vehicle. Under such circumstances, I pass following order :
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:: O R D E R	O R D E R ::
Application is rejected.
Date : 06.12.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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