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G. JAYACHANDRAN
S. Rasu – Appellant
Versus
Branch Manager, HDFC Bank, Coimbatore – Respondent
ORDER :
Prayer: Writ Petition has been filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to forthwith defreeze Petitioner Savings Bank Account No. 50100545293834 on the basis of Petitioner representation dated 13.04.2024 within the time stipulated by this Hon'ble Court.
1. The petitioner is an account holder in H.D.F.C Bank, Tirchy Road Branch, Coimbatore (first respondent) and his Savings Bank Account No. 50100545293834 is in operation since 2022. While so, on 04/08/2023 he deposited Rs.1,60,000/- in his account and when tried to transfer the amount to some of his friends accounts, he could not able to transfer the money. On enquiry with his Bank, he was informed that the account has been blocked pursuant to the intimation of the Inspector of Police, Gaurbitanur Town Police Station, Karnataka (3rd respondent). Immediately, he contacted the 3rd respondent and enquired about the reason for blocking his account. The third respondent, after enquiry being satisfied that the petitioner is a Law student in Tamil Nadu and has nothing to do with the case under investigation at Karnataka promised to defreeze the account immediately. Ho
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.
The central legal point established in the judgment is that the freezing of a bank account under Section 102 of Cr.P.C requires the fulfillment of pre-conditions, including a reasonable suspicion of ....
The Investigating Officer lacks authority under Section 91 of Cr.P.C. to freeze a bank account absent compliance with Section 102, violating procedural requirements and the petitioner's rights.
The court established that a bank account can be frozen under suspicion of criminal activity, and failure to report the freeze to the Magistrate does not invalidate the action.
Compliance with legal provisions, such as Section 91 Cr.P.C., Section 102 Cr.P.C., and Section 14(1) of the Gangsters Act, is essential before freezing a bank account.
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