IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS THANE,
AT THANE
REMAND C.R. NO. 345/ 2023
Mr. Ajit Kumar Chotelal Gupta,
Age- 24 years, Occ - Business
Currently Residing at –R/no. 31,
Neharu Nagar, Zopadpatti, Uttan X Road,
Chikki Wala, near Police Statio Bhayandar
West Thane – 401 101 … Applicants/Accused
V/S
STATE OF MAHARASHTRA
Through Bhayandar Police Station … Complainant
APPLICATION FOR RETURN OF
PROPERTY U/S 457 OF C.R.P.C.
MAY IT PLEASE YOUR HONOUR!
It is most respectfully submitted on the behalf of applicant above name is
under:
1. By the present Application, the Applicants seeks to approach this
Hon’ble Court praying for the Return of property in C.R. No. 345/2023
registered by Bhayandar Police Station, for offences Punishable under
sections 188, 273, and 328 of Indian Penal Code and section 26(2)(IV)
and 30(2)(a) of Food and Safety Standard Act 2006. Hereto annexed
and marked Exhibit- A Copy of the FIR No. 345/2023 registered by
Bhayander Police Station on dated 05 / 09 /2023
2. Applicant states that the his Cousin brother Mr. Rupesh Sanjay Gupta
was arrested by the concerned police station on 06/09/2023 around
01.02 a.m. in connection with the above-said C.R. During the
applicant's arrest, the police officer seized his mobile phone.
3. The property in question is a mobile phone of Redmi A2 black along
with a SIM Card no 9653234130, IMEI NO. 863558061132661 belong
to him and he given said phone to use to accused and this phone has
great personal importance to him and has no relevance to the ongoing
criminal investigation or proceedings. Hereto Annexed and marked
Exhibit – B Copy of the invoice of mobile.
4. Applicant states that in the above matter, the Hon’ble session court has
released him on bail and investigation has been completed, hence no
purpose will be served by keeping the seized mobile phone in
respondent’s custody.
5. Applicant states that he is a permanent resident of bhayander, Thane.
Hereto Annexed and marked Exhibit – C Copy of the Aadhar Card
of the Applicant.
6. The Applicant has not filed any other application before any other court
of law touching the subject matter of the present Application.
7. The Applicant has paid the requisite court fees towards the present
Application.
8. The Applicant states that this Hon’ble Court has jurisdiction to try,
entertain, and decide this present Application.
In the aforesaid circumstances, the Applicant most humbly prays
that;
A. This Hon’ble Court be pleased to direct Respondent to kindly return
the above-mentioned mobile phone of Redmi company along with a
SIM Card no 9653234130, IMEI NO. 863558061132661
/863558061132679 to the applicant.
B. Any other relief as this Hon’ble deems fit and proper.
Mumbai
Date:
Applicant
Advocate for the Applicant
VERIFICATION
I, Mr. Ajit Kumar Chotelal Gupta , age- 24 years, Indian
inhabitant, the Applicant abovenamed do hereby state on solemn
affirmation that whatever is stated in the foregoing para 1 to 8 is true to
best of my personal knowledge and I believe the same to be true and
correct.
Solemnly affirmed at Mumbai )
On this day of February, 2021 ) APPLICANT
Identified by me,
Before me,
Advocate for the Applicant.
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
THANE,AT THANE
REMAND C.R. NO. 345/ 2023
Mr. Ajit Kumar Chotelal Gupta … Applicants
V/s
State of Maharashtra
Through Bhayandar Police Station … Complainant
AFFIDAVIT IN SUPPORT OF APPLICATION
I, Mr. Ajit Kumar Chotelal Gupta, age- 24 years,
Currently Residing at – In the Office of Gangesh Motor Training
School, Near Maxus Mall, Uttan Bhayandar Road, Bhayandar (W)
Thane, I do hereby state on solemn and affirm as under:
1. I say that I have filed present application to release and hand-over the
seized Redmi company mobile phone along with a SIM Card no
9653234130, IMEI NO. 863558061132661/863558061132679 from the
custody of Vashi police.
2. I say that there is no any application is pending in any other court.
3. I say that whatever I have stated in application is true and correct to the
best of my knowledge and belief.
Solemnly affirm at Belapur on Applicant
This day -------of September 2023
Advocate for Applicant
VERIFICATION
I, Mr. Ajit Kumar Chotelal Gupta , age- 20 years, Indian
inhabitant, the Applicant abovenamed do hereby state on solemn
affirmation that whatever is stated in the foregoing para is true to best of
my personal knowledge and I believe the same to be true and correct.
Solemnly affirmed at Mumbai )
On this day of September, 2023 ) APPLICANT
Identified by me,
Before me,
Advocate for the Applicant.
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
THANE,AT THANE
REMAND C.R. NO. 345/ 2023
Mr. Ajit Kumar Chotelal Gupta … Applicants
V/s
State of Maharashtra
Through Bhayandar Police Station … Respondent
LIST OF DOCUMENTS
Sr. no. Particular Page no.
1. Copy of the FIR No. 345/2023 registered by Bhayander
Police Station on dated 05 / 09 /2023.
2. Copy of the invoice of mobile.
3. Copy of the Aadhar Card of the Applicant.
Advocate for the Applicant.