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IN THE COURT OF ADDL. METROPOLITAN MAGISTRATE

PRESIDING IN 71st COURT AT BANDRA, MUMBAI
CRIMINAL MISCELLANEOUS APPLICATION NO. OF 2024
IN
F.I.R. NO. 0522 OF 2024

RAJNANDINI RAJENDRA GIRI )

Aged: - 24 years )
Residing at Hanuman Seva Sangh

) Behind Jay Maa Vindhyavashini Mandir, )

Sakharam Buva Patil Marg,

) Gazdhar Bandh, Santacruz (West),

)
Mumbai - 400 054 ) …Applicant
/ First Informant
Versus
1. STATE OF MAHARASHTRA )
At the instance of Santacruz (West), )
Police Station, Mumbai ) …Respondents

HUMBLE APPLICATION ON BEHALF

OF THE APPLICANT / FIRST
INFORMANT FOR RETURN /
DELIVERY OF PROPERTY {DE-
FREEZING OF MONEY} UNDER
SECTION 503 OF THE BHARATIYA
NAGARIK SURAKSHA SANHITA, 2023
[EQUIVALENT TO SECTION 457 OF
THE CODE OF CRIMINAL
PROCEDURE, 1973]
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MAY IT PLEASE YOUR HONOR: -

On behalf of the Applicant {First Informant} above-named, it
is most respectfully submitted as under: -

A. GIST OF APPLICATION :-
1. The Applicant is filing the present Application seeking de-
freezing of the amount seized by Respondent No. 1 for fraudulent
transaction occurred in the bank account of the Applicant.
2. The Applicant has registered a crime in consonance with
the fraudulent transaction with Respondent No. 1 on 6th May,
2024 bearing FIR No. 0522 of 2024. The Applicant has also
registered a complaint on 5th May, 2024 with National Cyber
Crime Reporting Portal bearing Acknowledgement No.
31905240064258 regarding the fraudulent transaction. The
Cyber Crime Department is a online portal to report cyber crime
complaints for online fraud. Hereto annexed and marked as
Exhibit-A and Exhibit-B is the copy of FIR No. 0522 of 2024 and
Cyber Complaint Acknowledgement.
3. The Applicant states that the amount seized by Respondent
No. 1 is her hard earned money and is required by the Applicant
for her day-to-day survival.
4. The Applicant states that an amount of Rs. 23,206/-
(Rupees Twenty Three Thousand Two Hundred and Six Only) is
recovered and seized by Respondent No. 1 pursuant to the
registration of the above crime.
5. The Applicant is entitled to the possession of the recovered
money for the reasons stated hereunder. The Applicant states
that the present Application is therefore filed by the Application
seeking a direction to Respondent No. 1 to de-freeze the
aforesaid amount recovered during the course of investigation.
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B. PARTIES: -
6. The Applicant is the First Informant and an adult Indian
Inhabitant residing at the address as mentioned in the cause title
of this Application along with her family members. The Applicant
is entitled for all the constitutional rights enriched under the
Constitution of India. Hereto annexed and marked as Exhibit-C
is the copy of the Aadhar Card of the Applicant.
7. The Respondent No. 1 is the State of Maharashtra.

C. RELEVANT FACTS: -
8. Some of the facts necessary for the deciding the present
Application are as under: -
a. That in the month of May, 2024, the Applicant was
suffering from personal difficulties and was facing serious
emotional breakdown because of her past relationship
which ended a few days prior to the said offence.
b. That on or about 5th May, 2024, the Applicant while
surfing through her mother’s instagram account
{renu_giri12} received a link on her account. The Applicant
states that after clicking on the said link, she got connected
to a whatsapp number. The said person introduced
himself/herself as Neha Sharma, an astrologer and started
to inquire the details of the Applicant. The Applicant
provided her personal whatsapp number to the said Neha
Sharma and also other details such as Applicant’s photo.
The said Neha Sharma informed the Applicant to call on the
whatsapp number at around 2:00 p.m. on 5th May, 2024.
c. The Applicant being emotionally and mentally
disturbed shared all her personal problems with the said
person who manipulated the Applicant to help and resolve
all her problems through astrology.
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d. The Applicant states that accordingly at around 2:00

p.m. in the afternoon, the Applicant called on the said
whatsapp number [7240478358], when the said person
asked the Applicant to initially transfer a sum of Rs.
6,100/- (Rupees Six Thousand One Hundred Only) on the
QR code shared by the said person. The said QR code had
UPI Id as SUMIT00512@ybl. The Applicant states that the
said amount was transferred for availing services of
astrology by the Applicant.
e. The Applicant states that the said person called the
Applicant on her personal whatsapp number and asked her
to transfer further amount of Rs. 50,000/- (Rupees Fifty
Thousand Only). Accordingly, the Applicant had transferred
an amount of Rs. 66,100/- (Rupees Sixty Six Thousand One
Hundred Only) through different transactions and different
modes on the given QR code. The Applicant has made
following transactions on the said QR code / UPI Id.

Sr Nos. Date Mode of Payment Amount

(In Rs.)
1 05-05-2024 Google Pay 51,100/-
2 05-05-2024 Cheq – Visa 5,150/-
OneCard Card
3 05-05-2024 Axis Bank Ace 10,180/-
Credit Card

Hereto annexed and marked as Exhibit-D colly is the copy

of the bank statement showing Applicant as the account
holder and the several transactions made by the Applicant
through different modes on the UPI Id on 5th May, 2024.
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f. The Applicant states that the person asked the

Applicant to share his friends contact number for further
process. The Applicant states that accordingly, the
Applicant shared her friend named Pankaj Sharma’s
contact number 9167705604 with the said person. After
some time, when enquired with her friend, he informed that
no such call was received from any number.
g. The Applicant states that to her utter shock and
surprise, the Applicant was blocked on whatsapp as well as
on instagram account as soon as the aforesaid amount of
Rs. 66,100/- (Rupees Sixty Six Thousand One Hundred
Only) was transferred. The Applicant tried repeatedly
calling on the said whatsapp number, however the same did
not connect. It was at that time, the Applicant realised that
she was cheated by the said fake account maintained by
unknown person to the tune of Rs. 66,100 (Rupees Sixty Six
Thousand One Hundred Only).
h. The Applicant states that immediately the Applicant
lodged an complaint with Respondent No. 2 regarding the
said fraud. The Applicant also registered an F.I.R. with
Respondent No. 1. The Applicant states that as per the
Respondent No. 1, an amount of Rs. 23,206/- (Rupees
Twenty Three Thousand Two Hundred Six Only) is
recovered and seized till date.
i. The Applicant states that investigation in the said
F.I.R. is still under process. The investigation will require
some time to complete and that the trial will take its own
period for completion. In view of same, the Applicant being a
salaried person is in urgent need of money for her day to
day expenses. The Applicant is residing at the above
address along with her family members and that it is only
reasonable and in the interest of justice if the said amount
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is de-freezed and returned to the Applicant after due

verification.
j. The Applicant states that she has her account with
Union Bank of India, Santacruz (W) Branch being Account
No. 3192020127736. The Applicant states that the said
account exclusively belongs to the Applicant. That the said
amount in the aforesaid account is put on debit hold /
seized by Respondent No. 1 and is necessary by the
Applicant for her bona fide purposes. The Applicant
undertakes to deposit the said amount as and when
directed by this Hon’ble Court.
k. The Applicant is therefore constrained to approach
this Hon’ble Court seeking a direction to Respondent No. 1
to de-freeze the amount of Rs. Rs. 23,206/- (Rupees Twenty
Three Thousand Two Hundred and Six Only) as seized
during investigation by Respondent No. 1.

D. GROUNDS: -
a. The Applicant states that the said amount belongs
exclusively and rightfully to the Applicant as the said
amount was transferred to the QR Code as provided by the
said Neha Sharma which is also supported by the bank
statements and transactions as more particularly
elaborated in para (C)(e) above.
b. The Applicant will be made to unnecessarily suffer
hardship if the said amount is not returned as her family is
dependent on her.
c. The Applicant states that the said amount is already
seized and put on debit hold, therefore it will only be
reasonable to return the said amount to the Applicant.
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d. That the Applicant is a salaried person in her family

and that the said amount recovered by the Respondent No.
1 is required for her day to day house hold expenses.
e. That the said amount if kept on debit hold for long
will not be of any use as no interest will accrue on the same
neither can it be put to use.
f. That the Applicant is ready and willing to abide by all
the terms and conditions that this Court may deem fit and
proper in the interest of justice.
g. That the Applicant is ready and willing to provide
undertaking / bond that she will deposit the said amount
as and when directed by this Hon’ble Court.
9. That the Applicant is ready and willing to abide to any
conditions as this Hon’ble Court may deem fit and proper in
the interest of justice.
10. The Applicant has not filed any other application /
complaint for same reliefs either in this Hon’ble Court or any
other courts.
11. The Applicant has affixed court fees of Rs. /- on this
Application.
12. The Applicant respectfully submits that if the application is
allowed no prejudice will be caused to the prosecution,
however if the prayers are rejected great prejudice shall be
caused not to the Applicant as the said amount is required
for her day to day expenses.
13. In view of above, it is respectfully prayed that: -
a. This Hon’ble Court in exercise of its jurisdiction under
Section 503 of The Bharatiya Nagarik Suraksha
Sanhita, 2023 [Eq to Section 457 of The Code of
Criminal Procedure, 1973, be pleased to direct
Respondent No. 1 to de-freeze the amount of Rs.
23,206/- (Rupees Twenty Three Thousand Two
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Hundred Six Only) as seized with Union Bank of India

in Account No. 3192020127736 by Respondent No. 1
on such terms and conditions that this Hon’ble Court
may deem fit and proper;
b. Any other order as this Hon’ble Court may deem fit
and necessary in the interest of justice.

PLACE: - Mumbai
DATE: - / 07 / 2024
Applicant

Sarvesh Gosavi
Advocate for the Applicant
VERIFICATION

I, Rajnandini R. Giri, aged 24 years, Indian Inhabitant, of

Mumbai, do hereby state and declare on solemn affirmation that
whatever is stated hereinabove is true and correct to the best of
my knowledge and I believe the same to be true.
Solemnly affirmed at Mumbai )
Dated this day of July, 2024 )

Rajnandini Giri
Deponent

Before me,

Identified by me,

Sarvesh Gosavi
Advocate for the Applicant