HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7863/2024 Vrushita Mehta Kasari W/o Shri Tushar Kasari, Aged About 31 Years, R/o 906, Rameshwaram, Omex City, Bad Ke Balaji, Ajmer Road, Jaipur. ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Vijay Pathak For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 07/01/2025 1. The present misc. petition has been filed under Section 528 of BNSS, 2023 against the impugned order dated 12.09.2024 passed by the Additional Chief Judicial Magistrate No.3, Jaipur Metropolitan-II, in case No.275/2024, arising out of FIR No.444/2022 registered with the Police Station, Bagru (Jaipur West) alleging therein that a cyber fraud was committed with her and an amount of Rs.99,999/- were transferred from her bank account to an account bearing No.50210033505414 of Bandhan Bank. 2. Counsel for the petitioner submits that the amount in question was freezed/ kept on hold by the Investigating Agency. Counsel submits that the aforesaid amount belong to the petitioner that is why an application was submitted by her for getting the aforesaid amount. Counsel submits that (2 of 3) [CRLMP-7863/2024] earlier the application filed by the petitioner was rejected on 18.04.2023 by observing that the investigation was not completed and the same was pending. Counsel submits that thereafter, the Police submitted the final report negative for want of whereabouts of the accused. Counsel submits that the Investigating Officer has furnished no objection, in case, the amount in question is returned to the petitioner. Counsel submits that at this stage again an application was submitted by the petitioner with the same prayer for releasing the aforesaid amount in her favour. Counsel submits that again the application has been rejected by the learned Magistrate holding that no investigation with regard to the transfer of amount from one Bank account to another Bank account has been done. Counsel submits that the amount in question is lying freezed/ on hold in Bank since 2022 and except the petitioner, no other person has claimed the aforesaid amount, therefore, under these circumstances, the petitioner is the best person to get the aforesaid amount on supurdagi. Counsel submits that the petitioner undertakes that in case any rival person appears and claims custody of the aforesaid amount, then she would refund the same. 3. Per contra, learned Public Prosecutor opposed the prayer. 4. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that the amount of petitioner was transferred from her account to other account by way of playing cyber fraud, for which the (3 of 3) [CRLMP-7863/2024] petitioner has lodged FIR No.444/2022 and this fact is not in dispute that the Investigating Agency/Investigating Officer has also admitted that the amount in question belongs to the petitioner and he has no objection, in case, the aforesaid amount is released in favour of the petitioner on 'supurdagi' and also considering the fact that the whereabouts of the accused are not known and no third person has claimed the custody of the aforesaid amount, the application filed by the petitioner under Section 457 Cr.P.C. stands allowed. 5. A direction is issued to the Trial Court to pass appropriate orders to the concerned Bank for releasing of the aforesaid amount in favour of the petitioner after obtaining an undertaking from her to the effect that she would refund the aforesaid amount and deposit the same before the Trial Court, in case, any third person appears and claims the said amount, and thereafter, appropriate order can be passed by the Trial Court, strictly in accordance with law. 6. With the aforesaid observations, the instant criminal misc. petition stands disposed of. The stay application and all pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/139