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2013 Supreme(Mad) 3300

P.DEVADASS
A. K. Ashokan – Appellant
Versus
State Rep by Sub Inspector of Police, Chennai – Respondent


Advocates appeared:
For the Petitioner:M. Shankar, Advocate.
For the Respondents: R1, C. Emalias, Additional Public Prosecutor.

JUDGMENT

1. Petitioner seeks defreezing of his bank account No. 912010030566629 maintained in AXIS Bank, Madipakkam Branch, Chennai.

2. One Sivasakthi, complaining of cheating, lodged a complaint against the petitioner. The first respondent took it for enquiry in CSR No.45 of 2013. In this connection, on 17.4.2013, the Inspector of Police wrote to the 2nd respondent to freeze SB account No.912010030566629 maintained by the petitioner in their Bank. Accordingly, it was done. Subsequently, on 20.4.2012, on the said complaint, police registered a case in Crime No.796 of 2013 under Section 420 IPC.

3. The learned counsel for the petitioner submitted that freezing of the bank account could be made for the purpose of investigation. The investigation will arise only after registration of the FIR under Section 154 Cr.P.C. FIR was registered only on 20.4.2013. However, even before that, on 17.4.2013, the police officer freezed the petitioner's bank account. Further, freezing of bank account has not been reported to the jurisdiction Magistrate as required under Section 102(3) Cr.P.C. Thus, freezing of the bank account is illegal. It requires to be defreezed.

4. The learned Additional Publ
























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