Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-010064-2024 C. C. No. 477/N/2024
Hansa V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of amount of
I.22,500/- hold by B.K.C. police (Cyber Crime Portal) complaint
acknowledgment No.31905240068544/2024, registered under the
provision of Cyber Crime, lying with beneficiary/fraudster’s bank
accounts mentioned in the application, as under …
Sr. No. Bank Name Bank account No.
1 HDFC Bank 50100466642852
2. I.O. did not object to credit the freezed amount to the
applicant’s bank account from the accounts of beneficiary. Ld. A.P.P.
objected to release the amount, as it requires for trial.
3. Admittedly, seized cash belongs to the applicant. Applicant
in support of her contention has produced xerox copies of bank
transactions details, complaint with Cyber Police Portal and her Aadhar
Card. Application is well supported by affidavit of applicant. Custody of
the hold 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 freezed cash amount. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of I.12,500/- hold by
B.K.C. police (Cyber Police Portal) complaint
No.31905240068544/2024, registered under the
provision of Cyber Crime, lying with
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beneficiary/fraudster’s bank accounts mentioned in
the application, as under …
Sr. No. Bank Name Bank account No.
1 HDFC Bank 50100466642852
be credited in the victim/applicant’s bank account
mentioned in the application i.e. HDFC Bank account
No.50100338573650, on furnishing indemnity bond
of R.12,500/-.
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 : 05/09/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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