Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-010070-2024 C. C. No. 476/N/2024
Ashvi V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for return of amount of
I.62,754/- freezed by B.K.C. police (Cyber Crime Portal) complaint
acknowledgment No.31906240088818/2024, registered under the
provision of Cyber Crime, lying with fraudster’s bank accounts
mentioned in the application, as under …
Sr. No. Bank Name Bank account No.
1 Punjab National Bank 9252000100009835
2. I.O. did not object to credit the freezed cash to the
applicant’s bank account from the accounts of beneficiary. Ld. A.P.P.
objected to release the cash, as it requires for trial.
3. Admittedly, freezed 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 police 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 freezed cash amount further in custody. For the
apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the hold/freezed cash amount. In the result,
following order is passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of I.62,754/- hold/
freezed by B.K.C. police (Cyber Police Portal)
complaint No.31906240088818/2024, registered
under the provision of Cyber Crime, lying with
beneficiary/fraudster’s bank accounts mentioned in
the application, as under …
Sr. No. IFSC Code Bank account No.
1 UCBA0001301 13010110085615
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be credited in the victim/applicant’s bank account
mentioned in the application, i.e. 38440201179301 of
Union Bank of India on furnishing indemnity bond of
I.62,754/-.
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 him then he will
have to deposit the said amount in the court.
Mumbai
Date : 25/09/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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