The mandatory reporting of freezing of a bank account to the Magistrate as required under Section 102(3) Cr.P.C. and the requirement for the investigating officer to strictly follow the provisions of Section 102 Cr.P.C. when freezing a bank account.

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 Public Prosecutor would not dispute that the investigating officer has not reported the freezing of the bank accounts to the Magistrate. However, he would submit that it is an irregularity, it will not vitiate the steps taken by the investigating officer.

5. I have considered the rival submissions and perused the materials on record.

6. When information as to the commission of a cognizable offence is reported to the officer in-charge of the Police Station, he has to register an FIR (See : Section 154, Cr.P.C.). Thereafter, it is his statutory duty to investigate the crime (See : Section 156 (1)). As per Section 2(h), Cr.P.C., "investigation" refers to all the actions taken by the Investigating Officer to collect the required evidence in connection with the crime reported. It is to bring home the offence to the offender.

7. In pursuing the investigation, the investigation officer has to take various steps. (See: Section 157, Cr.P.C.) Investigation consists of proceeding to the scene of crime, recording of statement of witnesses (See : Sections 160, 161, Cr.P.C.), search and seizure of documents, material objects etc., arrest of the accused.

8. Right from the Privy Council decision in EMPEROR VS. KHWAJA NAZIR AHMAD, [AIR 1945 PC 18] and the Hon'ble Apex Court's decisions in STATE OF BIHAR VS. J.A.C.SALDANA [1980 (1) SCC 554] and STATE OF HARYANA VS. BAJANLAL [1992 (1) SUPP (SCC) 335], it is held that in this country the process of investigation is the province of police. It is unrestricted. However, it is subject to the statutory provisions relating to investigation.

9. As stated already, one of the process of investigation, namely, collection of evidence, is seizure of case-properties. There are properties with respect to which an offence has been committed. Another category is property used in the commission of offence. It may be movable or immovable. Close on the heels are stolen properties and properties which create suspicion of commission of an offence.

10. In seizing the properties, the investigating officer has to follow certain procedures. That has been prescribed in Section 102 Cr.P.C. It runs as under:-

"102. Power of police officer to seize certain property:-

(1) Any Police Officer may seize any property which may be alleged or suspected to have been stolen or which may be found under circumstances which create suspicion of the commission of any offence.

(2) Such police officer, if subordinate to the officer in charge of a Police Station, shall forthwith report the seizure to that officer.

(3) Every Police Officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court or where there is difficulty in sec