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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Kewal Krishan – Appellant
Versus
State of Himachal Pradesh – Respondent
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 th
Pension funds are exempt from attachment under law, protecting a pensioner's right to access necessary funds despite legal proceedings.
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The bank cannot freeze accounts without legal justification or prior notice, violating constitutional rights and procedural norms.
A bank's freezing of an account upon police requisition must comply with legal provisions to ensure the affected individual’s rights are safeguarded.
The freezing of a bank account during a criminal investigation requires a reasonable nexus between the alleged crime and the funds in the account.
Compliance with legal provisions, such as Section 91 Cr.P.C., Section 102 Cr.P.C., and Section 14(1) of the Gangsters Act, is essential before freezing a bank account.
The freezing of a business account requires identification of the tainted amount to ensure proportionality, and blanket freezes violate constitutional protections against arbitrary state action.
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