Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-009045-2024 C. C. No. 429/N/2024
Rubina V/s. Santacruz P. Stn.
ORDER
1. This is an application filed for return of amount of
I.43,089/- freezed by Santacruz police (Cyber Crime Portal) complaint
acknowledgment No.31904240059379, registered under the provision
of Cyber Crime, lying with Bank of Baroda, Axis Bank, State Bank of
India and HDFC Bank.
2. I.O. did not object to credit the seized cash to the
applicant’s bank account from the accounts of beneficiary. Ld. A.P.P.
objected to release the cash, as it requires for trial.
3. Admittedly, seized cash belongs to the applicant. Applicant
in support of her contention has produced xerox copies of Cyber Crime
complaint, online transaction and Bank details and her Aadhar Card
and PAN Card. Application is well supported by affidavit of applicant.
Custody of the seized cash amount is not required for further
investigation.
4. In such circumstances, no good purpose would serve
keeping the said cash amount further in custody. For the apprehension
of Ld. A.P.P. condition can be imposed. Applicant is entitled to receive
the seized cash amount only. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of I.43,089/- freezed by
Santacruz police (Cyber Police Portal) complaint
No.31904240059379, registered under the provision
of Cyber Crime, lying with following banks.
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Sr. No. Name of Bank Account No.
1 HDFC Bank. 08351610006922
2 Axis Bank 920020054466804
919010015370989
3 Bank of Baroda 22308100030495
53630100003899
98098100003944
4 State Bank of India 00000040680852372
XXXXXXX3533
be credited in the applicant’s bank i.e. Central Bank
Of India account No.1045026906, on furnishing
indemnity bond of R.45,000/-.
3. The Investigating Officer is directed to draw
panchmana and produce the same with indemnity
bond of applicant alongwith the final report.
4. The applicant shall submit undertaking that, in case
court concluded at the end of trial that, the said
amount is not entitled to receive by her then she will
have to deposit the said amount in the court.
Mumbai
Date : 12/08/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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