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2019 Supreme(Jhk) 1724

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anubha Rawat Choudhary, J.
Snehanshu Vats - Appellant
Versus
State Of Jharkhand Through Anti-corruption Bureau - Respondent
Writ Petition (Criminal) No. 226 of 2018
Decided On : 11-09-2019

Advocates Appeared:
Pradipto Mitra, Adv., T.N. Verma, Adv.

The withdrawal of the petition led to its dismissal, and the court's decision did not prejudice either party's case.

Headnote:

Freezing of Bank Accounts - Quashing of Investigating Officer's Letter and Court Order - Dismissal of Petition

Fact of the Case:

The petitioner filed a petition seeking the quashing of the Investigating Officer's letter directing the freezing of the petitioner's bank accounts and the court order dismissing the petition. The petitioner also sought the de-freezing of the bank accounts.

Finding of the Court:

The court permitted the withdrawal of the petition and dismissed it accordingly. The interim order was vacated, and pending interlocutory applications were dismissed as not pressed. The dismissal of the petition was observed not to prejudice the case of either party.

Issues: The issues involved the legality of the Investigating Officer's letter for freezing the bank accounts, the validity of the court order dismissing the petition, and the request for de-freezing the bank accounts.

Ratio Decidendi: The court's decision was based on the withdrawal of the petition by the petitioner, leading to its dismissal. The court also addressed the interim order and pending interlocutory applications.

Final Decision: The petition was dismissed as withdrawn, and the interim order was vacated. Pending interlocutory applications were also dismissed as not pressed, with an observation that the dismissal of the petition would not prejudice either party's case.

JUDGMENT

Anubha Rawat Choudhary, J. - Heard Mr. Pradipto Mitra, counsel appearing on behalf of the petitioner.

2. Heard Mr. T. N. Verma, counsel appearing on behalf of the State.

3. This petition has been filed for the following relief: -

"for issuance a writ(s)/order(s)/direction(s) to show cause the Investigating Officer as to under what authority the Investigating Officer has forwarded letter to the concerned Bank i.e. Axis Bank and HDFC Bank Bariatu Branch, Ranchi for freezing the account of the petitioner and also to produce the concerned letter by which instruction has been given to the bank for freezing up account of the petitioner.

AND

Upon showing no cause or insufficient cause further be pleased to quash letter No. 13437,13438,13440,13441 dated 16.12.2016 (copy not with the petitioner) issued by the investigating Officer directing the concerned i.e. Axix Bank and HDFC Bank for freezing up the account of the petitioner in connection with the Vigilance P.S. Case No. 71 of 2016 registered for the alleged under section 13(2) read with 13(1)(e) of the prevention of Corruption Act,1988 now pending in the Court of Shri Ashutosh Dubey, Special Judge, ACB, Ranchi.

AND

For quashing of order dated 07.07.2017 (Annexure3) passed by the Learned Court of Special Judge, ACB, Ranchi whereby and where under the petition filed on 09.02.2017 for directing the Banks for de-freezing the bank account of the petitioner has been dismissed in connection with the Vigilance P.S. Case No. 71/2016 registered for the alleged offence under section 13(2) read with 13(10(e) of the Prevention of Corruption Act,1988 now pending in the court of Shri Ashutosh Dubey, Special Judge, ACB, Ranchi.

AND

Upon quashing of the letter Nos. 13437,13438,13440,13441 dated 16.12.2016 (copy not with the petitioner) and also order dated 07.07.2017 further be pleased to direct respondent Nos. 2 and 3 to de-freez bank account of the petitioner HDFC Account No. 50100031979199 and Axis Bank Account No. 911010023880599

AND

Pass such other order(s), direction(s) which your lordships may deem fit under the facts and circumstances of this case."

I.A. No. 8383 of 2019 in W. P. (Cr.) No. 226 of 2018

4. Counsel for the petitioner seeks permission to withdraw W. P. (Cr.) No. 226 of 2018 by filing I.A. No. 8383 of 2019.

5. Permission for withdrawal is accorded.

6. Accordingly, this petition is dismissed as withdrawn.

7. Interim order, if any, stands vacated.

8. Pending interlocutory applications, if any, are also dismissed as not pressed.

9. It is further observed that dismissal of this petition will not prejudice the case of either parties in any manner whatsoever.

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