Final Order 1

Order Details: Order Below EX 1
Pdf Text: IN THE COURT OF JUDICIAL MAGISTRATE (FIRST CLASS),
32ND COURT, BANDRA, MUMBAI.
Notice No. 636/N/2025.
complaint No. 31903240034041
Kherwadi Police Station.
MHMM18-012515-2025
Ishita Dagaonkar … Applicant
V/s.
1.Sr. Inspector of Police,
(Kherwadi Police Station)
...Respondents.
ORDER PASSED BELOW EXH.1
This application is made by the applicant namely Ishita
Dagaonkar for seeking defreez / release an amount of Rs. 2,69,765/-, which is
on hold in the different bank accounts (as per list attached) and to transfer
said amount in applicant’s Bank i.e. HDFC Bank, account No.
00601050009765, IFSC Code HDFC0000060, Branch - Fort, Mumbai. Said
amount is hold in different bank accounts in connection with Cyber complaint
No.31903240034041 which is under investigation by Kherwadi Police Station.
2) Say was called from I. O. and A.P.P. The I.O. has given his no
objection. The learned APP prayed for appropriate order.
3) In support of her contention regarding ownership, applicant has
filed on record online cyber complaint, verified copy of bank statement,
Aadhar Card & PAN card alongwith her affidavit.
4) In the matter of
Sunderbhai Ambalal Desai V/s. State of Gujrath,
AIR 2003, SC 638 the Hon'ble Supreme Court has laid down certain guidelines
as to the property which is seized by the police during the investigation, which
is to be disposed of as early as possible.
5) In this application, the applicant is the informant. The amount of
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Rs. 2,69,765/-, which is on hold in the different Bank accounts (as per list
attached). At this juncture no other person has claimed this amount. The
custody is an interim custody. The applicant is bound to maintain the same till
final disposal of the crime. I do not find any legal hindrance in allowing the
application. As per the ratio mentioned above said cash is returned to the
applicant in the interest of the justice as prayed. Under these circumstances,
pass the following order :-
-:	-: O R D E R	O R D E R :-	:-
1 Application is allowed as prayed in the interest of the justice.
2 The interim custody of The amount of Rs.2,69,765/-, which is on hold
in different bank acounts be released and reverted back to the account
of the applicant’s Bank i.e. HDFC Bank, account No. 00601050009765,
IFSC Code HDFC0000060, Fort, Mumbai, on executing indemnity bond
of Rs. 5,00,000/- (In words rupees Five Lakhs only), in the police
station.
3 The applicant should undertake that she shall not transfer, pledge or
any other way alienate the said muddemal till the final disposal of the
Cyber case No.31903240034041 of Kherwadi Police Station and
criminal case incidental there of.
4 Said application is to be affixed with Cyber case No.31903240034041.
Date : 05.01.2026
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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