Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 502 N 2023 Rajendra Vs State and anr.
CNR-MHMM18-008887-2023
ORDER BELOW EXH.1
1. This is an application under Section 457 of Code of Criminal
Procedure for release of property.
2. As per applicant he was duped by unknown persons and they
fraudulently obtained from him the amount of Rs.2,57,832/-. At the
instance of applicant, the offence was registered with respondent Police
Station at C.R. No.1683/2023. During investigation the bank account
mentioned in the present application was frozen by the respondent as the
part of the amount deposited by the applicant is lying in it.
3. The applicant is in need of said amount and hence filed the
present application. Say of the I.O. and Ld. A.P.P. was called. They have
no objection to handover the cash and requested for passing necessary
orders to that effect.
4. The incidence occurred since long back and since then matter is
pending. The amount paid by applicant remained unused. He is deprived
of it for no fault on his part. Investigation relating to the cash seems to be
completed. Therefore, application needs to be allowed and as such order -
ORDER
a. The application is allowed.
b. The Nodal Officer of bank/branch, Canara Bank, Branch
Central Mumbai, at 297, Bellasis Road, UFW Trust Building, Opp. ST
Bus Depot, Mumbai - 400008, having IFSC Code CNRB0000238, is
directed to transfer the amount of Rs.79,013/- lying in the account,
bearing Account No. 110146230170, in an account of applicant Mr.
Rajendra Kantilal Gosalia, bearing Account No.102701001280,
maintained with ICICI Bank, Branch Cordovill, Opp. Mehboob Studio,
Bandra West, Mumbai, having its IFSC Code ICIC0001027, immediately.
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Notice Case No. 502 N 2023 Rajendra Vs State and anr.
CNR-MHMM18-008887-2023
c. The concerned Investigating Officer shall also brought the
above order to the notice of concerned bank and request them to transfer
the amount lying in above account, in an account maintained by the
applicant mentioned in the application, after executing indemnity bond of
Rs.80,000/- (Rupees Eighty Thousand only) before respondent.
Sd/-
MUMBAI (KOMALSING RAJPUT)
DATE – 29.01.2024 M.M., 12TH COURT, BANDRA, MUMBAI
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