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2022 Supreme(Bom) 975

MANISH PITALE, VALMIKI SA MENEZES
Ishwar Marotrao Kumbhare – Appellant
Versus
State of Maharashtra, Through Police Station Officer – Respondent


Advocates Appeared:
For the Petitioner: Shri S.V. Sirpurkar.
For the Respondent: Shri M.J. Khan, APP.

JUDGMENT :

Manish Pitale, J.

1. Rule. Rule made returnable forthwith. The criminal writ petition is heard finally with consent of the learned counsel appearing for the parties.

2. The Petitioner has filed the present petition challenging the letter/communication dated 27.08.2020, sent by the Investigating Officer i.e. Respondent no.1 herein to the Respondent no.2 - Bank, thereby freezing bank account of the Petitioner, wherein his pension is regularly deposited.

3. The backdrop in which the aforesaid letter was issued is that First Information Report bearing Crime No.1382 of 2017 dated 09.06.2017 was registered at Police Station, Wardha against the Petitioner for offences punishable under Sections 420, 409, 468 and 471 of the Indian Penal Code (IPC), on the allegation that the Petitioner had misused his position as Bank Manager and sanctioned a huge amount in favour of an entity and that the said amount was misappropriated.

4. It is in this backdrop that the impugned communication was issued, as a consequence of which, the pension account of the Petitioner has been frozen and according to him, he is facing economic hardship, as he stands deprived of his only source of income.

5. On notic

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