Final Order 1

Order Details: Order Below EX 1
Pdf Text: CNR NO.MHMM18-011282-2024 C. C. No. 534/N/2024
Mahesh V/s. B.K.C. P. Stn.
ORDER
1. This is an application filed for releasing amount of
I.25,000/- freezed by B.K.C. police, in complaint
No.31907240106273/2024 registered under the provision of Cyber
Crime, lying with beneficiary/fraudster’s Bank i.e. Union Bank of India
account No.180410100063468.
2. I.O. did not object to credit the freezed amount to the
applicant’s bank account from the account of beneficiary. Ld. A.P.P.
objected to release the amount, as it is part of record, requires for trial.
3. Admittedly, freezed amount belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
Transaction details, Bank Statement, cancelled cheque and his Aadhar
Card. Application is well supported by affidavit of applicant. Custody of
the freezed amount is not required for further investigation.
4. In such circumstances, no good purpose would serve
keeping the said freezed amount further in custody. For the
apprehension of Ld. A.P.P. condition can be imposed. Applicant is
entitled to receive the freezed amount. In the result, following order is
passed :-
ORDER
1. The application is allowed.
2. The custody of cash amount of I.25,000/- freezed by
B.K.C. police, in complaint No.31907240106273/2024
registered under the provision of Cyber Crime, lying
with beneficiary/fraudster’s Banki. i.e. Union Bank of
India account No.180410100063468 be credited in the
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victim/applicant’s bank account mentioned in the
application i.e. Bank i.e. ICICI Bank, account
No.055501512469, IFSC ICIC00001692 on furnishing
indemnity bond of I.25,000/-.
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 him then he will have to
deposit the said amount in the court.
Mumbai
Date : 18/10/2024.
SRD
Sd/-
Metropolitan/Judicial Magistrate,
(First Class), 71st Court, Bandra, Mumbai.
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