The main legal point established is the requirement for investigating officers to follow prescribed procedures under the Code of Criminal Procedure or obtain orders from the District Magistrate under the Gangsters Act before freezing bank accounts.

JUDGMENT :

By means of this writ petition, the petitioner is praying for the following reliefs:-

“I. To issue a writ, order or direction in the nature of “certiorari” quashing the undated order issued by the respondent no. 3 to the respondent no. 4 (Annexure No. 1), by which the petitioner has been restrained from making any transaction in his two accounts bearing no. 12111131003879 and 1211215009636, which are being run by the petitioner in the bank of the respondent no. 4.

II. To issue a writ, order or direction in the nature of mandamus directing the respondents to defreeze the accounts of the petitioner bearing no. 12111131003879 and 1211215009636, which are in existence in the bank of respondent no. 4.

III. To issue a writ, order or direction in the nature of “mandamus” commanding the respondents not to cause any interfere in the peaceful operation of the accounts of the petitioner bearing no. 12111131003879 and 1211215009636, which are in existence in the bank of respondent no. 4.

IV. Any other relief which this Hon’ble Court may deem fit and proper, may kindly be awarded in favour of the petitioner.”

2. It is contended by the learned counsel for the petitioner that by the impugned order/communication (undated), issued by respondent no. 2 pursuant to which petitioner’s Punjab National Bank Accounts bearing nos. 12111131003879 and 1211215009636, maintained at Branch Ramnagar, District Nainital have been freezed without following due process of law. It is further contended by the learned counsel for the petitioner that the petitioner, who is aged about 61 years and is a poor man, has thus been deprived to withdraw his own money from the accounts which he requires to run his business.

3. Brief facts of the case are that one Pradeep Kumar Sircar was the recorded tenure holder of a piece of land bearing Khata No. 56, Khasra No. 175 min measuring about 0.822 Hectare, situated at Village Peerumdara, Tehsil Ramnagar, District Nainital. A piece of land measuring 0.14 Hectare of Khasra No. 175 min was sold out by him to one Mr. Jai Prakash Dandariyal through registered Sale Deed dated 21.04.2017, which was converted by him into plots, by leaving out the passage. Mr. Dandariyal, after purchasing the land from Pradeep Sircar, started selling 0.104 Hectare land by making plots therein and the land was sold by him, without delivery of possession, to further purchasers, including one Smt. Kamla Devi. Mr. Dandariyal had executed sixteen sale-deeds in the name of different persons, including Smt. Kamla Devi, which was in excess of the land sold to him. Since Mr. Dandariyal committed fraud, Mr. Pradeep Kumar Sircar lodged an FIR being FIR No. 0510 of 2021 against Mr. Jai Prakash Dandariyal on 10.02.2021, Thereafter the matter was investigated and Mr. Jai Prakash Dandariyal was arrested and thereafter, a charge sheet was filed. In order to make pressure upon Mr. Pradeep Kumar Sircar, Smt. Kamla Devi lodged an FIR against the petitioner through her son-in-law. It is the contention of the learned counsel for the petitioner that the petitioner and his brother-Kulvinder Singh had purchased a piece of land measuring about 0.415 hectare of Khasra No. 175 min. in Khata Khatauni No.56 through registered sale deed dated 18.04.2019 from Pradeep Kumar Sircar, which was later on corrected in the Khatauni as 0.255 Hectare. It is the contention of the petitioner that an FIR was lodged by son in law of one Smt. Kamla Devi, wherein by making a false story, the petitioner has been shown as the partner, along with one Pradeep Kumar Siarcar, who was the partner of one Mr. Jai Prakash Dandariyal. Mr. Dandariyal had purchased land measuring 0.104 Hectare from Pradeep Kumar Sircar and after deducting the area of passage, he was entitled to sell out only 0.069 Hectare land, but he executed sixteen sale-deeds in favour of several persons in excess to the land which was purchased by him. Thus, it was a fraud played by Mr.Jai Prakash Dandariyal. Learned Senior Counsel fo