JUDGMENT :

Heard Mr. S. Borthakur, learned counsel appearing for the petitioners. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent No. 1; Mr. G. J. Saikia, learned counsel for the respondent No. 3; and Ms. S. Dev, learned counsel appearing for the respondent No. 4.

2. This is an application under Section 482 of the Code of Criminal Procedure, 1973, for de-freezing the petitioner’s personal accounts, i.e Salary A/c No. 10821438550 of State Bank of India, Beltola Branch, A/c No. 125210031126 of Dena Bank, Beltola Branch, and A/c No. 030401926553 of United bank of India, Khanapara Branch, which were seized in connection with Hatigaon P.S. Case No. 905/2019 in pursuant to intimation issued by CID Department in connection with CID PS Case No. 27/2019.

3. The brief facts of this case is that on 05.11.2019, an F.I.R. was lodged by one Robin Kumar Baishya before Additional Director General of Police Ulubari, Guwahati, against the husband of the petitioner, namely, Shri Dulal Bora, with some allegation and on the basis of aforesaid FIR, CID P.S. Case No. 27/2019, under Sections 120(B)/500//506/387 of the IPC, was registered. The husband of the petitioner was also arrested in connection with the aforesaid case and subsequently he was granted bail by this Court vide order dated 14.02.2020, passed in BA No. 202/2020. On 04.12.2019 another F.I.R. was lodged by one Nayeemuddin Ahmed against the husband of the petitioner-Dulal Bora with some allegations and accordingly, on the basis of the said F.I.R., Hatigaon P.S. Case No. 905/2019, under Sections 385/389/384/511, was registered. In the said case also, the husband of the petitioner was arrested and subsequently he was released on bail vide order dated 28.01.2020, passed by this Court in BA No. 7/2020.

4. The investigating authority accordingly searched the house of the petitioner in connection with Hatigaon P.S. Case No. 905/2019 and accordingly, seized number of documents/articles from the house of the petitioner along with her 3 (three) numbers of passbooks of three different banks bearing Account No. 10821438550 of State Bank of India, Beltola Branch, Account No. 125210031126 of Dena Bank, Beltola Branch, and Account No. 030401925663 of United Bank of India, Khanapara Branch. When the petitioner was trying to withdraw the money from her personal account, she come to know that her bank accounts have been freezed by the concerned banks and thereafter she immediately check another account and come to know that both the accounts were seized in pursuant to the investigation made by the investigating agency, though the present petitioners has no relation with the alleged offence and the accounts which have been seized are her personal account.

5. Accordingly the petitioner submitted application on 19.05.2020 before the Branch Manager of concerned banks requesting to de-freeze her account, but the Bank authorities have rejected her prayer stating that her bank accounts are being freezed only in pursuant to letter issued by Criminal Investigation Department in connection with CID Case No. 27/2019.

6. It is further stated that the accounts normally freezes on the basis of any Court order in some case if there is unpaid debt to the creditors or the Government or any other suspicious activities. But, in the instant case, the authorities have freezed the account of the petitioners without having any Court’s order and such action of authority is bad in law and hence interference of this Court is necessary. Here in the instant case, from the order it reveals that there is no compliance of Section 102 Cr.P.C. and the investigating agency did not comply the mandatory provision and they have not reported anything in regards to the fact of freezing the petitioner’s account. It is further stated that when Section 102 Cr.P.C is invoked, the concerned authority should be informed by the investigating agency about the freezing of his/her account as well as intimation to th