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IN THE HIGH COURT OF ORISSA, CUTTACK
P.Patnaik, J.
Maa Kuanri Transport & Ors. - Appellants
Versus
State Of Orissa & Ors. - Respondents
CRLMP Nos. 164, 165. 166. 167 & 168 of 2018
Decided On : 04-06-2021
Bank Account Freezing - Criminal Law - Indian Penal Code, Section 143, 148, 341, 283, 294, 506/149, Criminal Law Amendment Act, 2013 - The court discussed the legality of freezing bank accounts under Section 102 Cr.P.C. and the applicability of the legal provisions. The court referred to various legal precedents to determine the scope and interpretation of Section 102 Cr.P.C. and concluded that the freezing of the bank accounts was legally permissible in this case.
Fact of the Case:
The petitions were filed to quash the order freezing multiple bank accounts based on a complaint lodged by the police. The petitioners argued that there was no justification for freezing the accounts and that the police failed to follow the procedures under Section 102 Cr.P.C. The police alleged that the accounts were linked to the commission of the alleged offence.
Finding of the Court:
The court found that the freezing of the bank accounts was legally permissible under Section 102 Cr.P.C. and that the petitioners should approach the Investigating Officer or the jurisdictional Magistrate for defreezing the accounts if not acceded to by the Investigating Officer or the concerned party.
Issues: 1. Legality of freezing bank accounts under Section 102 Cr.P.C. 2. Entertaining relief sought under Article 226 without approaching the jurisdictional magistrate.
Ratio Decidendi: The court held that the freezing of the bank accounts was legally permissible under Section 102 Cr.P.C. and advised the petitioners to approach the Investigating Officer or the jurisdictional Magistrate for defreezing the accounts if not acceded to by the Investigating Officer or the concerned party.
Final Decision: The court disposed of all the petitions, advising the petitioners to approach the Investigating Officer or the jurisdictional Magistrate for defreezing the bank accounts if relief was not acceded to by the Investigating Officer or the concerned party.
JUDGMENT
P. Patnaik, J. - The aforesaid petitions have been filed for quashing of the order passed by opposite party no.6 in freezing the Bank Account No.200010334681 of Maa Kuanri Transport, Unchabali, A/C No.200010298866 of Jagat Janani Services Private Ltd.,Nambira, A/C.No.200010263648 of Chaturbhuj Development Committee, Balda, A/C No.100022799033, personal Account of Sri Sanatan Mahakud and A/C No.200010352623 of Jagat Janani Services, Nambira and the petitioners have also sought for quashing of the intimation issued by the Bank authority to the petitioners' firm with regard to freezing of the accounts on the instruction received from the Investigating Officer, Sadar P.S., Keonjhar. Since all the aforesaid matters have arisen out of Keonjhar P.S.Case No.12 dated 12.01.2018, the cases have been heard analogously and are being disposed by common order/judgment.
2. The petitioner in CRLMP No.164 of 2018 has inter alia sought for quashing of the order under Annexures-2 & 4 issued by opposite party No.6 with further direction to issue a writ of mandamus to opposite party no.6 to allow the petitioner to operate the Bank Account bearing No. 200010263648. Further prayer has been made for direction to opposite party Nos.4,5 & 6 to produce the order of the Police to the Bank-opposite party no.6 and for quashing of the said order.
3. The petitioner in CRLMP No.165 of 2018 has inter alia sought for quashing of the order under Annexures-1 & 3 issued by opposite party No.6 with further direction to issue a writ of mandamus to opposite party no.6 to allow the petitioner to operate the Bank Account bearing No. 200010352623. Further prayer has been made for direction to opposite party Nos.4,5 & 6 to produce the order of the Police to the Bank-opposite party no.6 and for quashing of the said order.
The petitioner in CRLMP No.166 of 2018 has inter alia sought for quashing of the order under Annexures-2 & 4 issued by opposite party No.6 with further direction to issue a writ of mandamus to opposite party no.6 to allow the petitioner to operate the Bank Account bearing No. 200010263648. Further prayer has been made for direction to opposite party Nos.4,5 & 6 to produce the order of the Police to the Bank-opposite party no.6 and for quashing of the said order.
The petitioner in CRLMP No.167 of 2018 has inter alia sought for quashing of the order under Annexures-1 & 3 issued by opposite party No.6 with further direction to issue a writ of mandamus to opposite party no.6 to allow the petitioner to operate the Bank Account bearing No. 100022799033. Further prayer has been made for direction to opposite party Nos.4,5 & 6 to produce the order of the Police to the Bank-opposite party no.6 and for quashing of the said order.
The petitioner in CRLMP No.168 of 2018 has inter alia sought for quashing of the order under Annexures-2 & 4 issued by opposite party No.6 with further direction to issue a writ of mandamus to opposite party no.6 to allow the petitioner to operate the Bank Account bearing No. 200010298866. Further prayer has been made for direction to opposite party Nos.4,5 & 6 to produce the order of the Police to the Bank-opposite party no.6 and for quashing of the said order.
4. The reasons for freezing of the aforesaid Bank Account is based on Keonjhar Sadar P.S.Case No.12 dated 12.01.2018 which has been registered under sections 143, 148, 341, 283, 294, 506/149 of the Indian Penal Code and Section 7 of the Criminal Law Amendment Act, 2013. The allegation as has been projected in the F.I.R. lodged on 12.01.2018 is that at about 1.45 P.M., the complainant, Inspector S.Pradhan, I.I.C., Sadar Police Station, Keonjhar drew up a plain paper F.I.R. on N.H.20 near Silisuan to the effect that on the said date at about 1.15 P.M. getting information regarding congregation of huge numbers of supporters of Sana Sena near Railway over bridge at Silisuan, she had been to the spot along with other police staff and found more than 2000 people congregating at the pl
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