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2023 Supreme(All) 752

SURYA PRAKASH KESARWANI, ANISH KUMAR GUPTA
Vijendra Kapoor – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioners: Devesh Kumar Shukla.
For the Respondents: Sanjai Singh.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. 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 (!) (!) (!) (!) (!) (!) .

  2. 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 (!) (!) (!) .

  3. 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 (!) (!) (!) (!) (!) (!) .

  4. 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 (!) (!) (!) .

  5. 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 (!) (!) .

  6. 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 (!) (!) .

  7. 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 :

    “i. Issue a writ, order or direction in the nature of certiorari, quashing the order dated 18-06-2021, passed by the respondent no-3, whereby the bank account of the petitioners has been freezed.

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 o

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