Final Order 1

Order Details: Order
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IN THE COURT OF METROPOLITAN MAGISTRATE,
66TH COURT, ANDHERI, MUMBAI.
Notice No. : 2477/N/2022. C.R. No.1985/2022
Sakinaka Police Station.
Varinder Koushal
R/o. Flat no.2a, Gajanan
Apartment, Sant Narhari
Nagar, Near Bank of Maharashtra
Shanti Nagar, Jail Road, Nashik.
… Applicant.
V/s.
Sr. Inspector of Police,
(Sakinaka Police Station) ...Respondent.
ORDER PASSED BELOW EXH.1
1. Read the application. Perused say of concerned police
station and say of Ld. APP. Read the documents filed with the
application. Heard both sides.
2. This is an application filed by applicant for defreezing
the bank account no.23010200000604, Federal Bank, Branch
Nashik, IFSC Code – FDRL002301.
3. It is seen from the record that applicant is the accused
in above said crime. On 30/08/2022 complainant went at Bank
of India A.T.M Center for withdrawing money. Applicant/accused
cheated complainant dishonestly by exchanging his A.T.M card
and then withdraw certain amount from his bank account without
his knowledge. The complainant lodged report to the police
station. Offence came to be registered. During the course of
investigation police have seized and recovered certain gold
ornaments and freezed the bank account of the accused.
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4. By way of application under consideration, it is prayed
that the account which is freezed by the police has no concerned
with the allegd crime and prayed to defreeze the account.
5. Record shows that the bank account is not used for
cheating or misappropriation but to protect the interest of the
informant the amount alleged in the First Information Report can
be freezed till the end of trial.
6. I.O filed his objection for defreezing the bank account.
A.P.P has also objection for grant of the application. Applicant
submitted that he is the original account holder of the above
mentioned account and he is urgent need of the same.
7. Therefore, I am of humble opinion that there is no
hurdle to grant prayer of the applicant. In this view of matter, I
pass the following order:
O R D E R
1 The application is partly allowed.
2. The Sr. PI of Sakinaka Police Station is directed to defreez
the bank account no.23010200000604, Federal Bank,
Branch Nashik, IFSC Code – FDRL002301 which was
freezed in C.R. No1985/2022 registered with Sakinaka
Police Station for the offences punishable under sections
420, 406 of I.P.C on execution of indemnity bond of
Rs.1,10,000/ (Rs. One Lakh Ten Thousand only) by the
applicant except the amount of Rs.1,10,000/
3. Investigating Officer is directed to issue letter to the
concerned bank for keeping the account hold to be extent
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of Rs.1,10,000/ till the end of trial.
4. Applicant is hereby permitted to operate the
abovementioned bank account.
5. Investigating Officer is directed to submit indemnity bond
either alongwith chargesheet or final report.
Dated :17/11/2022.
Sd/
(Vijay C. Gawai)
Metropolitan Magistrate,
66th Court, Andheri, Mumbai
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