Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 462/N/2024.
complaint No. 31907240099243
MHMM18-009797-2024
Nirmal Nagar Police Station.
Beena Sunith Rodrigues … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is made by the applicant namely Beena Sunith
Rodrigues for reversal of State Bank of India Account No.41632329634 (IFSC
Code SBI0010104) for amount of Rs.30,000/-, Central Bank of India account
No.3885952905 (IFSC Code CBIN0283878) for Rs.4,61,000/-, Bank of India
account No.861110110008005 (IFSC Code BKID0008611) for Rs. 15,000/-,
Punjab National Bank account No.21700210002940 (IFSC Code
UCBA0002170) for Rs.7,224/- and for permission to transfer said amount in
applicant’s HDFC Bank account No.50100214966433 (IFSC Code
HDFC0000543), Andheri East Branch. Said amount is seized by the Nirmal
Nagar Police Station in connection with Cyber complaint No.31907240099243
which is under investigation by Nirmal Nagar Police Station.
2) Say was called from I. O. and A.P.P. The I.O. has given his no
objection. The learned APP prayed for appropriate order.
3) In support of her contention regarding ownership, applicant has
filed on record online cyber complaint, online copy of Bank statement, verified
copies of Aadhar card and PAN card alongwith her affidavit.
4) In the matter of
Sunderbhai Ambalal Desai V/s. State of Gujrath,
AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain guidelines
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as to the property which is seized by the police during the investigation, which
is to be disposed of as early as possible.
5) In this application, the applicant is the informant. The amount of
Rs.30,000/- is on hold in the account No.41632329634 of State Bank of India,
Rs. 4,61,000/- is on hold in the account No. 3885952905 of Central Bank of
India, Rs. 15,000/-is on hold in the account No. 861110110008005 of Bank of
India and Rs.7,224/- is on hold in the account No.21700210002940 of Punjab
National Bank, which makes a total of Rs. 5,13,224/-. This amount is on hold
by the police authority. At this juncture no other person has claimed this
amount. The custody is an interim custody. The applicant is bound to maintain
the same till final disposal of the crime. I do not find any legal hindrance in
allowing the application. As per the ratio mentioned above said cash is
returned to the applicant in the interest of the justice as prayed. Under these
circumstances, pass the following order :-
-:	-: O R D E R	O R D E R :-	:-
1 Application is allowed as prayed in the interest of the justice.
2 The interim custody of The amount of Rs.30,000/- is on hold in the
account No.41632329634 of State Bank of India, Rs. 4,61,000/- is on
hold in the account No. 3885952905 of Central Bank of India, Rs.
15,000/-is on hold in the account No. 861110110008005 of Bank of
India and Rs.7,224/- is on hold in the account No.21700210002940 of
Punjab National Bank, which makes a total Rs. 5,13,224/- be released
and reverted back to the account of the applicant provided by her in
HDFC Bank Account No.50100214966433 IFSC Code HDFC0000543
Branch Andheri East, on executing indemnity bond of Rs. 6,00,000/-
(In words rupees Six Lakhs only), in the police station.
3 The applicant should undertake that she shall not transfer, pledge or
any other way alienate the said muddemal till the final disposal of the
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Cyber case No.31907240099243 of Nirmal Nagar Police Station and
criminal case incidental there of.
4 Said application is to be affixed with Cyber case No.31907240099243.
Date : 02.12.2024
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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