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. 920/N/2019
C.R. No. 249/2019.
Kherwadi Police Station.
Roshni Bedprakash Gupta … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
VIVO Y12 MOBILE PHONE.
By this application the applicant is seeking return of one Vivo
Y12 mobile phone, as quoted in the application, being entitled for the same.
It is further alleged that, it was stolen by somebody, therefore she had
lodged complaint with Kherwadi police station. Said mobile is recovered by
Kherwadi police station. 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 & Aadhar card.
2. Accordingly, say of investigating officer and learned APP were
called. Investigating officer rendered his no objection to release said
muddemal in favour of applicant. Whereas, Ld. APP failed to file say.
3. Heard argument, perused the record.
4. Considering the reasons mentioned in application supported by
documents, it is evident that, the aforementioned mobile phone may be
temporarily released in favor of the applicant, being rightful claimant for
the same, since it is recovered at the instance of complaint lodged by her.
Hence, upon imposing certain conditions the said mobile may be released in
favor of applicant. Hence, the following order :
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2
ORDER
i) The seized Vivo Y12 mobile phone be handed over to the
applicant Roshni Bedprakash Gupta, subject to furnishing
Indemnity bond of र 13,000/ (Rs. Thirteen Thousand Only).
ii) She shall produce the seized muddemal, whenever called by
the Court or by the police.
iii) Investigation Officer shall obtain photographs of seized
mobile from all angles for its proper identification in future.
iv) Copy to the concerned police station for compliance of this
order.
Date : 14.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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