Extracted from the PDF above. The PDF is authoritative.
10-APL-1890-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1890 OF 2026 Syed Sajjad Haider Taqvi …Applicant Versus The State of Maharashtra …Respondent Mr. Aditya Sawant, for the Applicant. Ms. S. D. Shinde, APP, for the Respondent-State. API Ramdas Shankar Gopal, South Cyber Police Station, Mumbai, present. CORAM:
MADHAV J. JAMDAR, J. DATED:
13 OCTOBER 2026 PC:-
1. Heard Mr. Sawant, learned Counsel appearing for the Applicant and Ms. Shinde, learned APP for the Respondent-State of Maharashtra. 2. In this Criminal Application, the challenge is to the legality and validity of the Order dated 2nd September 2026 passed by the learned Judicial Magistrate (First Class), 18th Court, Girgaon, Mumbai in Misc. Application No.488 of 2026. The said application was filed by the Applicant, who is the victim, seeking the return of an amount of Rs.70,99,570/- seized during the course of the investigation. Page 1 Arjun
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3. Mr. Sawant, learned Counsel for the Applicant, submits that, as stated in the reply to the application annexed at Exhibit-B (Pages 67-95), an amount of Rs.29,52,377.47/- was put on hold/frozen by the National Cyber Crime Reporting Portal. 4. However, Ms. Shinde, learned APP, for the Respondent-State, submits that, during the course of the investigation, an amount of Rs.34,48,335.60/- has been successfully placed on hold/lien across various beneficiary layers and bank accounts. 5. Perusal of the record shows that the Applicant invested a total amount of Rs.82,65,671/- in an online transaction by opening a link which has been received on WhatsApp. 6. During the investigation, it transpired that the Applicant had been defrauded of a total amount of Rs.82,65,671/- and the said amount was transferred to various bank accounts of the Complainant as per the instructions given by the fraudsters. 7. During the course of the investigation, a technical analysis of the transactions was conducted through the Ministry of Home Affairs (MHA), Government of India, using the National Cyber Crime Reporting Portal and the helpline number 1930. Based on the transaction IDs, an amount of Rs. 34,48,335.60/- was Page 2 Arjun
10-APL-1890-2026.DOC successfully placed on hold/lien across various beneficiary layers and bank accounts. 8. Thus, it is clear that the Applicant is entitled to the release of at least Rs. 34,48,335.60/-. The total amount of which the Applicant was defrauded is Rs. 82,65,671/-. 9.
Accordingly, the impugned Order 2nd September 2026 passed by the learned Judicial Magistrate (First Class), 18th Court, Girgaon, Mumbai in Misc. Application No.488 of 2026 (Exhibit-E, Pages 133-134), is quashed and set aside. 10. The Inspector of Police, South Region Cyber Police Station, Crime Branch, CID, Mumbai, is directed to transfer an amount of Rs. 34,48,335.60/- to the Applicant's bank account. For this purpose, the necessary de-freezing of the relevant bank accounts is permitted to facilitate the said transfer. 11. The Applicant to file an undertaking in this Court as also before the learned JMFC within a period of two weeks from today, undertaking that in the event, the Applicant is directed to bring back the said amount in the Court, the same be done within a period of two weeks. Page 3 Arjun
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12. Accordingly, the Criminal Application is disposed of. [MADHAV J. JAMDAR, J.] Page 4 Arjun