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IN THE HIGH COURT OF ALLAHABAD
SURYA PRAKASH KESARWANI, ANISH KUMAR GUPTA, JJ.
Vijendra Kapoor and Another - Petitioners
Versus
State Of U.P. and Others - Respondents
Writ C. No. 4426 of 2023
Decided On : 31-03-2023
Indian Penal Code, 1860 - Sections 120-B, 272, 273, 304, 420, 467, 468 and 471 - Criminal Procedure Code, 1973 - Section 102 - U P Excise Act - Sections 60 A, 62 - Offence of Murder - Criminal conspiracy - Power of police officer to seize certain property - Held, Court concerned that bank account no more necessary for purpose of investigation - Application filed Court concerned shall consider request in accordance hearing investigation agency application and direct defreezing of such bank account - Case parties charge sheet has already been filed permit petitioners application before concerned court for release law laid down by Hon'ble Supreme Court in case - Application is filed by petitioners before concerned Court Magistrate decided by concerned Court Magistrate in accordance expeditiously preferably application - Writ petition is disposed of.
Based on the provided legal document, the key points are as follows:
Section 102 of the Criminal Procedure Code grants police officers the authority to seize property suspected of being stolen or connected with the commission of an offence, including bank accounts if there are reasonable suspicions of involvement in criminal activity (!) (!) (!) (!) (!) (!) .
The seizure of property under Section 102 does not require prior notice to the account holder or property owner. The police are only required to give intimation of the seizure to the Magistrate concerned after the action is taken (!) (!) (!) .
Bank accounts can be considered "property" within the scope of Section 102, especially when there are suspicions of their involvement in criminal activities, such as proceeds of crime or illicit transactions (!) (!) (!) (!) (!) (!) .
Once the investigation concludes and a charge sheet is filed, the person affected by the freeze can apply to the court for the release or defreezing of the bank account. The court shall consider such applications lawfully and may impose conditions as necessary (!) (!) (!) .
The scope of Section 102 also includes the power to prohibit the operation of a bank account during investigation if there are sufficient grounds to suspect its involvement in criminal activity (!) (!) .
If the property, including a bank account, is found to be no longer necessary for investigation or prosecution, the court can order its defreezing or release, provided the application is made after the investigation or charge sheet is complete (!) (!) .
The procedure emphasizes that the investigation authority must act in accordance with law, and affected persons have the right to approach the court for relief once the investigation has advanced or concluded (!) (!) .
These points collectively outline the legal framework and procedural rights related to the seizure, freezing, and release of bank accounts under Section 102 of the Criminal Procedure Code.
JUDGMENT :
1. Heard Sri Devesh Kumar Shukla, learned counsel for the petitioners, Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State – respondents and Sri Sanjai Singh, learned counsel for the respondent No.4/Bank.
2. Petitioner No.1 is the husband of the petitioner no.2. They have filed the present writ petition praying for the following reliefs :
ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to pass an appropriate orders of defreezing the account of the petitioners forthwith.
iii. Issue a writ, order of direction in the nature of mandamus commanding the respondent authorities as well as Bank, not to interfere in the peaceful use of his bank account in any manner.”
3. By the impugned order dated 18.06.2021 the Senior Superintendent of Police, Aligarh, has freezed the joint saving bank account of the petitioners on the ground of some involvement of the petitioners in the matter of hooch tragedy on account of sale of ethyl alcohol and rectified sprit, has been recorded and investigation is under process. As per records of the writ petition, the joint saving bank account of the petitioners is the saving bank account from which the petitioners pay their monthly instalment towards housing loan. The balance standing in the saving bank account as on 04.07.2021 was Rs.1354.58(CR). A charge sheet against the petitioner no.1 has been filed in case crime no.224/2021 P.S. Harduaganj, under Sections 60 A, 62 U.P. Excise Act and Sections 120-B, 272, 273, 304, 420, 467, 468 and 471 I.P.C.
4. Learned Additional Chief Standing Counsel has produced before us instructions of the concerned police station as forwarded by the Joint Director of Prosecution, Aligarh, which is kept on record.
5. In paragraphs 4, 5, 15 and 16 of the instructions the respondents have stated as under :
Seizure of assets under S.102 CrPC requires compliance with statutory provisions and cannot be based solely on suspicion.
The main legal point established in the judgment is that when an alternative statutory remedy is available, a writ petition may not be maintainable. The court emphasized the importance of seeking app....
The main legal point established in the judgment is the legality of freezing bank accounts under Section 102 Cr.P.C. and the applicability of this provision in the context of the case.
Police can freeze bank accounts under Section 106 BNSS without prior notice, but only the amounts suspected of being linked to crimes, not entire balances; account holders must be informed post-seizu....
Seizure of bank accounts and bank locker under Section 102 Cr.P.C is lawful if they have direct links with the alleged offence, and the transfer of seized property from one case to another can be jus....
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