JUDGMENT :

(J.C. DOSHI, J.)

1. By way of present petition, following reliefs are prayed :-

“(A) Admit this petition.

(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 Cooperative Bank Ltd., Khambhat lodged written complaint addressed to the Police Inspector, Khambhat Town Police Station against four persons which includes present petitioner for the offence under sections 406, 409, 420, 465, 467, 471, 477A, 120-B of INDIAN PENAL CODE . This written complaint came to be lodged as FIR being C.R.No.I-9 of 2012.

2.2. The petitioner herein was serving as Accountant in the Bank which later on merged with Kalupur Bank, Khambhat. According to FIR, huge financial scam took place in Cambay Hindu Merchant Cooperative Bank Ltd., Khambhat. It is alleged that along with other accused, petitioner has also played role in commission of an offence. The petitioner is arraigned as an accused. He preferred Regular Bail application before this Court being Criminal Misc. Application No.18782 of 2015 and on 30.11.2015, this Court had released the petitioner on bail with condition that the petitioner shall deposit Rs. 11 lakhs before the Trial Court along with some other conditions.

2.3. During the investigation of an offence, Investigating Officer found incriminating material against the petitioner, therefore, under Section 102 of the Cr.P.C, he freezed bank account of the petitioner having C.C.Account No.273590043, held with Kalupur Bank at Khambhat. Action of the Investigating Officer to freeze bank account under Section 102 of Cr.P.C. has prompted the petitioner to approach this Court under Section 482 of the Cr.P.C. seeking above-stated relief.

3. Learned advocate Mr. P.M.Dave, having referred to documents on record, submits that by following order of this Court passed in bail application, the petitioner has deposited Rs.11 lakhs before the learned Trial Court. He would further submit that the petitioner has not played any role in commission of an offence. He would further submit that when FIR was lodged, the petitioner had already retired from services, after taking VRS. He would further submit that during the time period of his service, audit of the bank transaction took place but such transaction did not point out any illegality or irregularity in money transaction. The FIR is filed with device and design to harass the present petitioner. Apart from such submissions, he would submit that in view of Section 102 of Cr.P.C., Investigating Officer has not followed mandatory procedure as laid down in Section 102 of Cr.P.C. After freezing bank account, he has not reported to the jurisdictional Magistrate Court. In view of such, action taken on the part of the Investigating Officer is bad in law, without jurisdiction and therefore, requires to be quashed and set aside. In support of his submission, he has relied on judgment of this Court in the case of Trivendrakumar Somalal Bhandari Vs. State of Gujarat (Special Criminal Application No.5678 of 2