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. 917/N/2019
C.R. No. 245/2019.
Kherwadi Police Station.
Mohammed Zubair Khan … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi Police Station) ...Respondent.
ORDER BELOW APPLICATION FOR RETURN OF PROPERTY VIZ.
SAMSUNG J7 MOBILE PHONE.
By this application the applicant is seeking return of one
Samsung J7 mobile phone, as quoted in the application, being entitled for
the same. It is further alleged that, it was stolen by somebody, therefore he
had lodged complaint with Kherwadi police station and said mobile is
recovered by Kherwadi police station. He 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 him.
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 one Samsung J7 mobile phone be handed over to
the applicant Mohammed Zubair Khan, subject to furnishing
Indemnity bond of र 15,000/ (Rs. Fifteen Thousand Only).
ii) He 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 : 09.01.2020
ssl.
(Sudhir N. Shinde)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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