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N. ANAND VENKATESH
Julfikar Husen – Appellant
Versus
State Rep. by The Inspector of Police, Salem – Respondent
JUDGMENT
(Common Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to defreeze the petitioners bank account bearing Account Nos.50200006888958 and 50200016559231 respectively maintained in the 2nd respondent bank within the stipulated by this Court.)
Common Order:
These petitions have been filed by the husband and wife for a direction to the 1st respondent to defreeze the Bank account maintained by them in the 2nd respondent Bank.
2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the 1st respondent.
3. When the matter came up for hearing on 02.08.2023, this Court directed the learned Additional Public Prosecutor to take instructions as to when the Bank account was freezed and when it was intimated to the concerned jurisdictional Court.
4. When the matter taken up for hearing today, the learned Additional Public Prosecutor on instructions submitted that the Bank account was freezed on 09.01.2023 and whereas, it was intimated to the concerned jurisdictional Magistrate Court only on 27.01.2023.
5. Section 102(3) of Cr.P.C., makes it mandatory on the part of the police to i
Noncompliance with Section 102 of Cr.P.C. renders the freezing of a bank account illegal.
The judgment emphasizes the importance of complying with the procedural requirements, specifically under Section 102(3) of the Cr.P.C., when freezing a bank account in connection with a criminal inve....
Freezing of bank accounts without reporting to the Magistrate is illegal; mandatory procedures under Section 102 of the Code of Criminal Procedure must be strictly followed.
The court established that timely notification to the jurisdictional magistrate regarding account seizures is essential to uphold the rights of account holders under Section 102 of the Cr.P.C.
Un-freezing of account - Notice quashed - Unless and until there is a strong suspicion against the petitioners, police would not be justified in freezing account belonging to petitioners. For, such f....
The main legal point established in the judgment is the requirement to follow the procedure laid down under Sec. 102 Cr.P.C and the need for sufficient evidence to support the freezing of a bank acco....
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