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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG
Kailash Kanwar Rathore W/o Hukam Singh – Appellant
Versus
State Of Rajasthan Through PP – Respondent
| Table of Content |
|---|
| 1. essential facts regarding bank accounts freezing (Para 1 , 2) |
| 2. arguments against arbitrary freezing of bank accounts (Para 3) |
| 3. failure to report freezing impacts validity (Para 4 , 10 , 15) |
| 4. court's observations on procedural safeguards (Para 5 , 6 , 7 , 14) |
| 5. mandatory nature of reporting under section 102 crpc (Para 8 , 9 , 11 , 12 , 13) |
| 6. final order allowing de-freezing of accounts (Para 16) |
Order
MANOJ KUMAR GARG, J.
The present misc. petition under Section 528 B.N.S.S/482 Cr.P.C. has been filed by the petitioner against the order dated 26.03.2025 passed by learned District Judge, Rajsamand in Criminal Case No. 20/2025 whereby, the learned Judge dismissed the revision and affirmed the order dated 23.01.2025 passed by Chief Judicial Magistrate, Rajsamand dismissing the application filed by the petitioners against de-freezing their Bank accounts in connection with FIR No. 147/2024 registered at Police station Rajnagar, District Rajsamand.
2. Briefly, the facts of the case are that the complainant Pushkar Patidar has lodged an FIR No. 147/2024 against the main accused Hukam Singh and other persons including the present petitioners for offence under Sections 420
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.
Seizure of assets under S.102 CrPC requires compliance with statutory provisions and cannot be based solely on suspicion.
Noncompliance with Section 102 of Cr.P.C. renders the freezing of a bank account illegal.
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....
The court established that timely notification to the jurisdictional magistrate regarding account seizures is essential to uphold the rights of account holders under Section 102 of the Cr.P.C.
The court established that a bank account can be frozen under suspicion of criminal activity, and failure to report the freeze to the Magistrate does not invalidate the action.
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