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SANDEEP KUMAR
Sukhdani Devi – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J. – Since the issue involved in both these criminal writ petitions is common, they have been heard together and are being disposed of by this common judgment.
2. In Cr.W.J.C. No.1526 of 2022, the petitioner is challenging the order dated 10.08.2022 passed by the learned Special Judge, Vigilance, Patna, in Special Case No. 36 of 2021, arising out of E.O.U. P.S. Case No.17 of 2021, by which the prayer to release/de-freeze all the bank accounts of the petitioner has been rejected save and except the pension account of the petitioner. Further prayer has been made by the petitioner to direct the investigating agency to release the following bank accounts of the petitioner: –
(i) SB-625901135776 maintained in ICICI Bank, Boring Road, Patna.
(ii) SB-10027601509 maintained in S.B.I. PBB Branch, Patna.
(iii) SB-37072137868 maintained in SBI, PBB Branch, Patna.
(iv) SB-34939414822 (pension account) maintained in SBI, PBB Branch, Patna.
(v) SB-040401011017 maintained in ICICI Bank, Boring Road, Patna.
(vi) SB-20682337109 maintained in Indian Bank (Allahabad Bank), Jasidih Branch.
3. In Cr.W.J.C. No.359 of 2023, the petitioner is challenging the order dated 11.11.2022 passed by the le
The court affirmed that freezing bank accounts under Section 102 Cr.P.C. is valid, and failure to report the seizure does not invalidate the action, distinguishing between seizure and attachment unde....
The freezing of bank accounts under Section 102 Cr.P.C. is valid despite the existence of specific provisions in the Criminal Law Amendment Act, and failure to report the seizure does not invalidate ....
The main legal point established is that the freezing of bank accounts under the Prevention of Corruption Act and Cr.P.C. is justified if there are direct links with the commission of the offence. Ad....
The legality of freezing bank accounts under the Prevention of Corruption Act and the lawful seizure of bank accounts based on the pending prosecution against the applicant.
Seizure of bank accounts and bank locker under Section 102 Cr.P.C is lawful if they have direct links with the alleged offence, and the transfer of seized property from one case to another can be jus....
Corruption case - Defreeze of bank account - Not allowed as prosecution against the applicant has not come to an end so far. There is a clear conclusion of the Investigation Agency against the applic....
The Prevention of Corruption Act being a complete code and a Special Act excludes the application of Section 102 Cr.P.C in the matter of attachment or seizure of property relating to offences committ....
Taxation - De-freezing of accounts - Illegal gratification/kickbacks in bank account - Amount which does not relate to impugned transaction alongwith interest accrued thereon be directed to be releas....
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