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M. NAGAPRASANNA
Ansari Sablu Haidarali, S/o. Ansari Haidaralli – Appellant
Versus
State Of Karnataka, Represented By State Public Prosecutor High Court – Respondent
ORDER :
(M. Nagaprasanna, J.) :
The petitioner is before this Court seeking a direction to the respondent to de-freeze his bank account held at Karnataka Bank in the name and style of Saif Oil Traders. As an interim prayer, he seeks stay of further proceedings in Crime No.124 of 2024 registered for offences punishable under Section 420 of the IPC and Sections 66C and 66D of the Information Technology Act, 2000 pending before the 45th Additional Chief Metropolitan Magistrate, Bengaluru.
2. Facts, in brief, germane are as follows:-
The petitioner claims to be a businessman engaged in oil trading. A crime comes to be registered in Crime No.124 of 2024 for offences punishable as afore-quoted against unknown persons. The complainant is one D.S. Rupa, a resident of Bengaluru City. It is the case of the complainant that she has been lured into transfer of money to the tune of Rs.2,28,72,343/- through whatsapp to various accounts and she has been defrauded by those account holders who have received the amount. Pursuant to registration of the crime, which is an online fraud, a debit freeze order is issued by the Investigating Officer to all the accounts which had received the amount from the c
The court established that a bank account can be frozen under suspicion of criminal activity, and failure to report the freeze to the Magistrate does not invalidate the action.
Seizure of assets under S.102 CrPC requires compliance with statutory provisions and cannot be based solely on suspicion.
The main legal point established in the judgment is the requirement to follow the procedure laid down under Sec. 102 Cr.P.C and the need for sufficient evidence to support the freezing of a bank acco....
The court established that freezing a bank account in a cyber crime investigation must specify the amount involved and comply with procedural requirements; otherwise, such an action is illegal.
The main legal point established in the judgment is the legality of freezing bank accounts under Section 102 Cr.P.C. and the applicability of this provision in the context of the case.
Freezing of bank accounts under Section 102 Cr.P.C is lawful during investigations without prior notice, and challenges to such orders are not maintainable when alternative remedies exist.
Term ‘forthwith’ only requires that the act should be performed with reasonable speed and any delay in the matter should be satisfactorily explained.
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