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2024 Supreme(Mad) 235
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P. VADAMALAI, J.
D. Karthikeyan - Appellant
Versus
State represented through The Inspector of Police, Tirunelveli - Respondent
Crl. R.C (MD) No. 1346 of 2023
Decided On : 02-02-2024
At the preliminary investigation stage, the freezing of bank accounts for investigation purposes is justified even if there is no prima facie evidence of ownership of the disputed property.
Headnote:
Criminal Revision - Property Dispute - Criminal Procedure Code, Sections 397, 401 - The court discussed the ownership of the money, freezing of bank accounts for investigation, and the preliminary nature of the investigation. The decision was influenced by the lack of prima facie evidence of ownership and the need for further investigation.
Fact of the Case:
The petitioner, a Commandant in the Tamil Nadu Police, transferred Rs.7,50,000 for an Amazon Gift Voucher based on a fraudulent Whatsapp message. The police froze the accused's bank accounts containing the money. The petitioner sought the return of the money by defreezing the accounts.
Finding of the Court:
The court found that there was no prima facie evidence of the petitioner's ownership of the money and that the freezing of the accounts was for investigation purposes. It concluded that the case had no merits at the preliminary investigation stage.
Issues: Ownership of the transferred money, freezing of bank accounts, and the need for further investigation.
Ratio Decidendi: The court decided that at the preliminary investigation stage, there was no prima facie evidence of ownership of the money and that the freezing of the accounts was justified for investigation purposes.
Final Decision: The Criminal Revision Case was dismissed.
JUDGMENT
(Prayer : This Criminal Revision has been filed under Sections 397 r/w 401 of Criminal Procedure Code, to call for the records relating to the impugned order dated 24.04.2023 passed in Crl.M.P.No.7160 of 2023 on the file of the Judicial Magistrate No.1, Tirunelveli, set aside the same and consequently direct the respondent police to hand over the petitioner's subject matter of the property (Money) and allow this revision petition.)
1. This Criminal Revision Case is filed to set aside the order dated 24.04.2023 passed in Crl.M.P.No.7160 of 2023 on the file of the learned Judicial Magistrate No.1, Tirunelveli and to direct the respondent to hand over the petitioner’s subject matter of the property (money).
2. The brief facts of the case:
The revision petitioner is the defacto complainant in the case registered in Crime No.31 of 2022 on the file of the respondent police. The petitioner was working as Commandant in Tamil Nadu Special Police 12thBattalion, Manimuthar, Tirunelveli District. He is having mobile number 9498118666 and Whatsapp in the same number. On 11.08.2022 at 14.22 hours he received Whastapp message from 8142781808 showing police higher official photo. The sender had conversation with the petitioner about Amazon Gift Voucher and believing his words, the petitioner sent Rs.7,50,000/- from his bank account number. On coming to know the petitioner was cheated, the petitioner lodged complaint and the case was registered.
3. The respondent police has frozen 4 accounts of A3 RamChanso Kasar i.e., Canara Bank, Neelasandra Branch Account No.110047005364 – Rs.2,00,000/-; UCO Bank, Koramangala Branch Account No.10530110066911 – Rs.9,145/-, Bank of India, Koramangala Branch Account No.847910110004810 Rs.1/-; Account No.84791651000102 – Rs.524.01/-. The amount in those accounts consist the amount of the petitioner. So, the petitioner filed the petition in Crl.M.P.No.7160 of 2023 seekin g to defreeze the accounts and to produce an amount of Rs.2,09,669/- before the Judicial Magistrate Court and to return the same to the petitioner. The petition was strongly resisted by the respondent police. After hearing both the learned Judicial Magistrate No.1, Tirunelveli dismissed the said petition on 24.04.2023. Being aggrieved by the order, the petitioner preferred this Criminal Revision Case.
4. Heard both side and perused the records in this Criminal Revision Case.
5. The learned counsel appearing for the revision petitioner has submitted that believing the words of the accused the petitioner transferred amount through bank account towards purchase of Amazon Gift Voucher. The learned Judicial Magistrate failed to consider the fact that on the basis of complaint the bank accounts of the accused were frozen. As per Criminal Procedure Code, the property means which includes the money also. The learned Judicial Magistrate wrongly held that that there is no material to show whether Rs.7,50,000/- cheated by the accused was deposited in his account. The petitioner is ready to file undertaking to redeposit the amount.
6. The learned Government Advocate (Crl.side) for the respondent contended that the respondent police arrested 5 accused and the bank account of Accused Ramchanso Kasar were freezed. The case is in the nature of cyber crime and online cheating. The respondent police filed the statement of bank of the said accused. On the alleged date there is no deposit of money sent by the petitioner. The petitioner has not proved the ownership of the money as rightly held by the learned Judicial Magistrate. If the money in question is returned, it would affect the further investigation and the original owner of the property. The investigation is pending at preliminary stage. Therefore, he strongly opposed this petition.
7. On hearing both, it is clear that the petitioner was working as Commandant in Tamil Nadu Police 12th Battalion, Manimuthar, Tirunelveli District. The petitioner is using mobile number 9498118666 with Whatsapp.
