Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
32 ND COURT, BANDRA, MUMBAI
C.C. No. 729/N/2022
C.R. No. 877/2022.
Kherwadi Police Station
CNR MHMM180113302022
Mukeshkumar Jugalkishor Joshi … Applicant
V/s.
Sr. Inspector of Police,
(Kherwadi police station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Mukeshkumar
Jugalkishor Joshi for release of Cash of Rs.20,000/, which is seized by the
Kherwadi police station in connection with Crime No.877/2022 registered
with the Kherwadi police for the offence punishable under section 419, 420
of I.P.C. and section 66(c)(d) of I.T. Act.
2) Say was called from I. O. and A.P.P. The I.O. has no objection
for giving Rs.17,244/ only. The Ld. APP has an objection and submitted
that offence is serious one and said account is frozen and firstly it be
defreezed and thereafter only informant may claim. But, said amount may
be spend by informant and therefore she prayed for rejection.
3) In support of his contention regarding ownership, applicant has
filed on record xerox copies of FIR, statement, passbook copy, cyber report
and verified copy of his Aadhar card alongwith his affidavit. The applicant is
praying for return of money, which is freezed by I.O. and said money is in
the account of some unknown person. Furthermore the figure of amount is
different as per say of I.O. Therefore, he is not entitled to get the custody of
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seized muddemal. Under such circumstances, I pass following order :
:: O R D E R	O R D E R ::
Application is rejected.
Date : 28.11.2022
ssl.
(Smt. A.M. Shah)
Metropolitan Magistrate,
32nd Court, Bandra, Mumbai.
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