Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-010065-2024 C. C. No. 472/N/2024
Heena V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of amount of
I.18,000/- hold/freezed by B.K.C. police (Cyber Crime Portal)
complaint acknowledgment No.31907240107723, registered under the
provision of Cyber Crime, lying with Uco Bank.
2. I.O. did not object to return/credit the seized 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 amount belongs to the applicant.
Applicant in support of her contention has produced xerox copies of
screen shots of amount sent on google pay, complaint, Front page of
Axis bank branch Jaipur, 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 hold cash amount. In the result, following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of I.18,000/-
hold/freezed by B.K.C. police (Cyber Police Portal)
complaint No.31907240107723, registered under the
provision of Cyber Crime, lying with following banks.
Sr. No. Name of Bank Account No.
1 UCO Bank. 23050110053843
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be credited in the applicant’s bank i.e. Axis Bank
account No.921010021969022, IFSC Code-
UTIB0002582 on furnishing indemnity bond of
R.18,000/-.
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 : 18/09/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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