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J. C. DOSHI
Dilipkumar Jitendra Shah – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. petitioner seeks various reliefs. (Para 1) |
| 2. background of complaint and accusations. (Para 2) |
| 3. petitioner's defense against allegations. (Para 3) |
| 4. state's opposition to the petition. (Para 4) |
| 5. court's analysis on procedural requirements. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 6. order issued allowing the petition. (Para 11) |
JUDGMENT :
(J.C. DOSHI, J.)
1. By way of present petition, following reliefs are prayed :-
(B) Issue appropriate writ, order or direction upon respondent authorities to withdraw the instructions regarding sealing of the accounts of the petitioner and further petitioner may be allowed to operate different bank accounts and to make financial transactions in the interest of justice and equity.
(C) Grant interim relief and by way of interim order be pleased to allow the petitioner to operate the different bank accounts with Kalupur Bank as also Kalupur Bank Vadodara pending admission and final disposal of this petition.
(D) Pass such orders as thought fit in the interest of justice.”
2. The case background is as under :-
2.1. On 14.12.2012, one Kanubhai Motibha Pargho in capacity of Liquidation Officer of Cambay Hindu Merchant Cooperat
It is of the utmost importance that the judiciary should not interfere with the police in matters which are within their province and into which the law imposes upon them the duty of enquiry. In Indi....
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....
Compliance with legal provisions, such as Section 91 Cr.P.C., Section 102 Cr.P.C., and Section 14(1) of the Gangsters Act, is essential before freezing a bank account.
Freezing of bank accounts without reporting to the Magistrate is illegal; mandatory procedures under Section 102 of the Code of Criminal Procedure must be strictly followed.
The central legal point established in the judgment is that the freezing of a bank account under Section 102 of Cr.P.C requires the fulfillment of pre-conditions, including a reasonable suspicion of ....
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