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. 621/N/2024.
complaint No.31903240041937
MHMM18-008782-2024
Nirmal Nagar Police Station.
Aejaz Ali Jafri S/o. Abid Husain Jafri … Applicant
V/s.
Sr. Inspector of Police,
(Nirmal Nagar Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
This application is filed by the applicant namely Aejaz Ali Jafri
S/o. Abid Husain Jafri for release of an amount of Rs. 11,700/- which is on
hold in SBI Bank in account No. 31466212518, an amount of Rs.6000/- which
is on hold in SBI Bank in account No. 00000042290185315, an amount of
Rs.5422/- which is on hold in Bank of India in account No.741918110003352,
an amount of Rs.4845/- which is on hold in SBI Bank in account No.
00000041275000998, an amount of Rs.50,000/- which is on hold in HDFC
Bank in account No.00041610168456, total amount of Rs.77,967/- which is on
hold in different bank accounts and transfer the such amount to applicant’s
Union Bank of India, Null Bazar, Haroon Manzil, 326, 328, SVP Road, Mumbai,
Account No. 318708010039436, IFSC UBIN0531871 in connection with Cyber
case No. 31903240041937 which is under investigation by Nirmal Nagar
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 his contention regarding ownership, applicant has
filed on online bank statements, copy of complaint, copy of earlier order
passed by this court alongwith his affidavit.
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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
Rs. 11,700/- which is on hold in SBI Bank in account No. 31466212518, an
amount of Rs.6000/- which is on hold in SBI Bank in account No.
00000042290185315, an amount of Rs.5422/- which is on hold in Bank of
India in account No.741918110003352, an amount of Rs.4845/- which is on
hold in SBI Bank in account No. 00000041275000998, an amount of
Rs.50,000/- which is on hold in HDFC Bank in account No.00041610168456,
total amount of Rs.77,967/- which is on hold in different bank accounts is
claimed. 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 Rs. Rs. 11,700/- which is on hold in SBI Bank in
account No. 31466212518, an amount of Rs.6000/- which is on hold in
SBI Bank in account No. 00000042290185315, an amount of Rs.5422/-
which is on hold in Bank of India in account No.741918110003352, an
amount of Rs.4845/- which is on hold in SBI Bank in account No.
00000041275000998, an amount of Rs.50,000/- which is on hold in
HDFC Bank in account No.00041610168456, total amount of
Rs.77,967/- which is on hold in different bank accounts be released and
the amount be reverted back to the applicant’s Union Bank of India,
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Null Bazar, Haroon Manzil, 326, 328, SVP Road, Mumbai, Account No.
318708010039436, IFSC UBIN0531871 on executing indemnity bond
of Rs. 80,000/- (In words rupees Eighty Thousand 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.31903240041937 of Nirmal Nagar Police Station and
criminal case incidental there of.
4 Said application is to be affixed with Cyber case No.31903240041937.
Date : 28.04.2025
ssl.
(S.S. Parkhi)
Judicial Magistrate (First Class),
32nd Court, Bandra, Mumbai.
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