Final Order 1

Order Details: Original bank memo
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
36th COURT MUMBAI CENTRAL, MUMBAI.
C. C. NO. :- 337/MISC./2019.
C. R. NO. :- 1261/2019.
Railway Police Station :- Mumbai Central.
Gajanan Shankar Karpe. …. Applicant.
V/s.
The Sr. Inspector of Police,
(Railway Police Station, Mumbai Central, Mumbai) .... Respondent.
ORDER BELOW EXH.-1
The applicant viz. Gajanan Shankar Karpe has filed
application for releasing mobile handset of Redmi made, Model No.
Note 5 Pro, Blue colour, I.M.E.I. No. 86502104174986 and
865021041764994. 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.1261/2019, punishable under section 379 of Indian Penal
Code, is registered against unknown accused, at police station, Mumbai
Central, Mumbai. In support of application applicant placed on record
copy of invoice, which discloses that applicant purchased said mobile
handset, on 01/08/2018, for an amount of I17,500/-, from Bhanushali
Parshwa Communication, Goregaon (E), Mumbai. Applicant also
placed on record copies of his Aadhar Card, F. I. R. 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 Redmi made, Model
No. Note 5 Pro, Blue colour, I.M.E.I. No.
86502104174986 and 865021041764994 be given
to the applicant viz. Gajanan Shankar Karpe, R/o.-
Room No.25, Ganesh Chawl, Gate No.4, Dawari
Nagar, Vakoala Bridge, Sant Nirankari Bhavan,
Santacruz (E), Mumbai-, on indemnity Bond of
I20,000/- (Twenty Thousand), which is to be
executed before Investigating Officer of Railway
Police Station, Mumbai Central, 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.1261/2019 of Railway Police Station,
Mumbai Central, Mumbai for merging the same in
the main case after filing the chargesheet, if any.
Date : 06/11/2019.
SRD.
Sd/-
(G. P. Bawaskar)
Metropolitan Magistrate,
36th Court, Mumbai Central,
Mumbai.
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