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; and Ms. S. Dev, learned counsel appearing for the respondent No.3.

2. This is an application under Section 482 of the Code of Criminal Procedure, 1973 for de-freezing the petitioner’s personal Bank Account, i.e A/c No. 157101000004257 of Indian Overseas Bank, Dispur Branch, and Account No. 125210031138 of Dena Bank, Beltola Branch, which were seized in connection with Hatigaon P.S. Case No. 905/2019 in pursuant to intimation issued by Criminal Investigation Department in connection with CID P.S. 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 father 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 father 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 father of the petitioner-Shri 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 father 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 petitioners along with her 2 (two) numbers of passbooks of two different banks bearing Account No. 1571000004257 of Indian Overseas Bank, Dispur Branch, and the passbook of Account No. 125210031138 of Dena Bank of Beltola 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 and on 26.05.2020 before the Branch Manager of Dena Bank, Beltola Branch, as well as Indian overseas Bank, Dispur Branch, requesting to de-freeze her account, but the Bank authorities have rejected her prayer stating that her bank account 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 the concerned Court, but no conditions are being satisfied and in the present