Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE, (FIRST CLASS),
71ST COURT, BANDRA, MUMBAI.
CNR NO.MHMM18-012082-2024 C. C. No. 578/N/2024
Dattaraj V/s. Vakola P. Stn.
ORDER
1. This is an application filed for return of amount of
I.65,000/- freezed by Vakola police (Cyber Crime Portal) complaint
No.31908240117214/2024, registered under the provision of Cyber
Crime, lying with beneficiary/fraudster’s Bank account.
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 requires for trial.
3. Admittedly, freezed amount belongs to the applicant.
Applicant in support of his contention has produced xerox copies of
complaint, Bank and transaction Details, 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.65,000/- freezed by
Vakola police (Cyber Crime Portal) complaint
-- 1 of 2 --
No.31908240117214/2024, registered under the
provision of Cyber Crime, lying with
beneficiary/fraudster’s Bank account, as follows...
Sr. No. Beneficiary’s Bank Account No.
1 HDFC Bank 00891530009719
be credited in the victim/ applicant’s bank account
mentioned in the application i.e. Account
No.31218101491 of State Bank of India, on furnishing
indemnity bond of I.65,000/-.
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 : 04/01/2025.
SRD
Sd/-
(A. B. Jadhav)
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
-- 2 of 2 --