Orders impacting a person's rights, such as fund transfers, must respect natural justice principles, including providing notice and a chance to be heard.

ORDER :

S.R. Krishna Kumar, J.

This writ petition is directed against the impugned order dated 14.12.2023, passed in C.C.No.34083/2023 (arising out of Crime No.211/2023 of Mahalakshmi Layout Police Station) by the learned Chief Metropolitan Magistrate, Bangalore, whereby the Trial Court directed de-freezing and transfer of a sum of Rs.10.00 lakhs from the account of the petitioner and to transfer the same to the account of respondent No.3.

2. Heard the learned counsel for petitioner, learned High Court Government Pleader for respondent No.1, learned counsel for respondent No.3 and perused the material on record.

3. A perusal of the entire material on record will indicate that pursuant to the complaint given by respondent No.2, the first informant, which is registered as FIR in Crime No.211/2023, the respondent No.1 Police authorities, after conducting investigation, filed charge sheet arraigning one Mutturaj D and along with fourteen other accused persons. During the course of investigation, the respondent Police authorities issued notice under Section 41A to the petitioner, against whom charge sheet was filed as is clear from para.13 of the charge sheet in which the petitioner is described as accused No.9, who has been dropped from the charge sheet. Subsequently, in the aforesaid proceedings, the third respondent complainant filed the instant application under Sections 451 and 457 of Cr.P.C., seeking de- freezing of the account of the petitioner in State Bank of India, Channasandra Branch, bearing Account No.2025445794 and to transfer the said amount of Rs.10.00 lakhs to the account of the third respondent.

4. In this context, it is pertinent to note that, in view of the fact that the petitioner was dropped from the charge sheet and was not arraigned as an accused to the charge sheet, it was incumbent upon the Trial Court to issue notice and notify the petitioner before proceeding to consider the application filed by respondent No.3, as held by this Court in the case of Sri. Rahul Chari and another Vs. State of Karnataka and others passed in Writ Petition No.2865/2022(GM-RES), disposed of on 17.10.2022 The relevant portion reads as under:

"16. It not a case even where the suspect is not known. The name of the suspect is intimated in CCIR and also phone number of the suspect is indicated. The investigation ought to have been made for unearthing the fraud qua the alleged fraudster. The complainant files an application before the concerned Court seeking recovery of money and from the personal account of 1^st petitioner the amount is directed to be transferred by the order of the learned Magistrate. The order passed on the application reads as follows:

“ORDER ON THE APPICATION FILED BY PETITIONER UNDER SECTIONS 451 AND 457 OF Cr.P.C.”

The petitioner by name Madhuri R.K. has filed recent application to direct the I.O. to defreeze the bank account No.05231140029395, HDFC Bank and transfer the freezed amount to the account of the petitioner.

According to the petitioner, during the course of investigation, the IO has freezed the above said account. The petitioner is the complainant and the freezed amount belonging to the petitioner and there is no claim by others. The seized amount is very much necessary and required by the petitioner for her necessities. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court and sought to allow the present application.

On the said application, the report from the I.O. is called for and the I.O. has submitted the report, stating that he has no objection to release the freezed amount in favour of the petitioner on conditions.

Learned Senior APP has filed objections Heard arguments of both sides.

After hearing the arguments and perusal of the records reveals that the amoun