Pension funds are exempt from attachment under law, protecting a pensioner's right to access necessary funds despite legal proceedings.

JUDGMENT : 

Virender Singh, J.

Petitioner – Kewal Krishan, has filed the present petition, under Section 438/442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS'), against the order dated 20.11.2024, passed by the Court of learned Special Judge, Shimla (hereinafter referred to as the trial Court), in Application No.2162/2024, in Sessions Trial No.1 of 2024, titled as State of Himachal Pradesh versus Chander Mohan & Others.

2. Vide order dated 20.11.2024, the learned trial Court has dismissed the application, filed by the Kewal Krishan (petitioner), under Section 451 of the Code of Criminal Procedure, (hereinafter referred to as the Cr.PC), by holding that the same is not maintainable.

3. As per the record, petitioner Kewal Krishan, who has been impleaded, as one of the accused, in Sessions Trial No.1 of 2024, arising out of FIR No. 266 of 2023, dated 19.10.2023, registered with Police Station Balh, District Mandi, H.P., under Sections 420 and 120-B of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Sections 21 and 23 of the Banning of Unregulated Deposit Scheme Act, 2019.

4. By way of the said application, a prayer has been made that the petitioner and his wife are having joint Saving Account, bearing No.20045958019, with State Bank of India, Amb Branch, Una. The said bank account was freezed, by the Police, in the above titled case. As such, the petitioner could not make any transaction in the said account.

5. It is the further case of the petitioner that the petitioner is a pensioner and his Department credits the pension to the said account, but, due to the fact that his account has been freezed, the petitioner is unable to withdraw the amount of pension, in order to meet his day- to-day expenditure.

6. According to the petitioner, investigation, in the present case, is complete and no useful purpose would be served by freezing the bank account.

7. On the basis of the above facts, the petitiner has prayed, before the learned trial Court, that the application may kindly be allowed and the above bank account may kindly be ordered to be defreezed.

8. When put to notice, the police has filed the status report, disclosing therein, that on 19.10.2023, Rajesh Saini, son of Dev Raj Saini, moved a complaint, disclosing therein, that he has been cheated of Rs.12,60,390/- by Ramesh Chauhan, Rohit, Rajinder Sood, Santosh Kumar and Vineet Kumar through qtrade9.com,qfx.co.in. and QFX Trade Limited Company.
8.1. According to the complainant, in the year 2022, Rohit and Ramesh came to him and explained him about the QFX Trade Limited Company. According to them, their company is investing the amount in FOREX (online digital platform) and they used to get 5% return of the amount invested.
8.2. Being impressed from them, he has deposited a sum of Rs.12,60,390/- in the account given by them bearing Account No. 520481028803179 of Union Bank of India, Ner Chowk and Account No. 203915140000019 of Union Bank of India, Ner Chowk. At the insistence of Rohit and Ramesh Chauhan, he has held a meeting with the Directors of the Company namely, Rajinder Sood, resident of Jogindernagar, Santosh Kumar and Vineet Kumar. The above named persons are stated to be receiving the money from the people on the pretext of good returns and they used to cheat the people. They have also established their office in Ner Chowk. The complainant, as well as, other persons have been apprised about the investment plan of 11 months. Thereafter, they have assured the return by way of cheque. On their assurance, number of persons have invested huge amount. The amount, invested by the complainant, was used by them, but, no amount has been returned to him. They have given him post dated cheques, but, the account, out of which, those cheques were issued, was found to be blocked.
8.3. The complainant has further alleged, in the complaint, that they had collected the money by cheating and alluring them to return a good amount. Rajinder Sood, res