Final Order 1

Order Details: Original bank memo
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT Churchgate, MUMBAI.
C. C. NO. :- 325/MISC./2019.
C. R. NO. :- 351/2019.
Railway Police Station :- Churchgate.
Sushil Govind Adhikari. …. Applicant.
V/s.
The Sr. Inspector of Police,
(Railway Police Station, Churchgate, Mumbai). .... Respondent.
ORDER BELOW EXH.-1
The applicant viz. Sushil Govind Adhikari has filed
application for releasing mobile handset of Techno made, Black colour,
I.M.E.I. No. 911629851011084 and 911629851011092. The
Investigating Officer, gave no objection for handing over the seized
mobile handset in favour of the applicant. Ld. A.P.P. submitted that the
mobile handset will require for identification during the trial. It is
prayed that, necessary order be passed.
2] Heard both sides.
3] During the investigation mobile handset is recovered. It
also appears that, as per the report lodged by present applicant, a crime
bearing No.351/2019, punishable under section 392 of Indian Penal
Code, is registered against accused viz. Rakesh Arun Patil. In support of
application applicant placed on record copies of his Aadhar Card, F. I. R.
and his own affidavit. Applicant also placed on record affidavit of
Kartikeya Dube supported with his Aadhar Card, stating that he had
gifted said mobile to applicant and he is unable to produce purchase bill
of said mobile, as it is lost . No purpose would be served by keeping the
mobile handset at police station itself. Applicant is entitled for getting
custody of mobile handset. Therefore, the order :
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ORDER
1] The seized mobile handset of Techno made, Black
colour, I.M.E.I. No. 911629851011084 and
911629851011092 be given to the applicant viz.
Sushil Govind Adhikari, R/o.- Room No.3,
Babulnath Pandey Chawl No.202, Shivaji Nagar
NO.1, Juhu Tara Road, K. K. G. Marg, Santacruz
(W), Mumbai on indemnity Bond of I20,000/-
(Twenty Thousand), which is to be executed before
Investigating Officer of Railway Police Station,
Churchgate, Mumbai, on following condition :
(a) The applicant shall produce the mobile handset, as
and when required.
(b) The applicant shall not transfer or alienate the
seized mobile handset and shall not change it’s
nature, till the decision of the main case.
2] The Investigating Officer shall furnish the
Indemnity Bond alongwith the final report /
chargesheet, in this Court.
3] This proceeding be kept with the remand papers of
C. R. No.351/2019 of Railway Police Station,
Churchagate, Mumbai for merging the same in the
main case after filing the chargesheet, if any.
Date : 13/11/2019.
SRD.
Sd/-
(G. P. Bawaskar)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
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