WP-4110-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO. 4110 OF 2021

Mr.Sudhir Dhananjay Sarode

…Petitioner

Vs.

1. The State of Maharashtra

& Anr.

… Respondents

****

Mr.Satish Borulkar a/w. Mr.Manoj Patil i/b Mr.Uday Bhanudas

Gavali for petitioner.

Ms.Anamika Malhotra, APP for respondent No.1-State.

API Shashikant Pawar, Central Unit, Crime Branch, Navi Mumbai,

present.

CORAM

: N. J. JAMADAR, J.

CLOSED FOR ORDER ON: 20^th APRIL, 2022

PRONOUNCED ON : 28^th APRIL, 2022

ORDER :

1.

This petition under Article 227 of the Constitution of India

takes exception to the order passed by learned Additional

Sessions Judge, in Criminal Revision Application No. 297 of 2021,

whereby learned Sessions Judge dismissed the revision

application and affrmed the order passed by learned Metropolitan

Magistrate, 30^th Court, Kurla, Mumbai in C.C.No.535/Misc./2021,

rejecting the application for de-freezing of the accounts.

2.

The petitioner came to be arraigned in C.R.No.324 of 2020

Shraddha Talekar, PS

1/11

SHRADDHA

KAMLESH

TALEKAR

Digitally

signed by

SHRADDHA

KAMLESH

TALEKAR

Date:

2022.04.28

11:31:32

+0530

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for the offences punishable under sections 294A, 420, 114 and 34

of the Indian Penal Code, 1860 (‘the Penal Code’), section 7(3)(1) of

the Lotteries (Regulation) Act, 1998 and section 66-D of the

Information Technologies Act, 2000, on the allegations that the

petitioner was running unauthorized online lottery.

3.

During the course of investigation, the petitioner came to be

arrested. The Investigating Offcer addressed a communication to

the Nodal Offcer, Axis Bank on 4^th January 2021 and directed the

debit freezing of the accounts registered with Mobile Phone

9130874669. The petitioner asserts, pursuant to the said

communication, purportedly under section 102 of the Code of

Criminal Procedure, 1973 (‘the Code’), six accounts were freezed

by the Axis Bank-the respondent No.2. The petitioner preferred

application for de-freezing the accounts.

4.

By an order dated 7^th July 2021, learned Magistrate rejected

the application holding, inter-alia, that the accused did not

disclose source of income and co-operate with the investigating

agency, and the contention of the investigating offcer that the

money lying in the account might have been used for the alleged

offences was worthy of acceptance.

5.

The petitioner carried the matter in revision. By the

Shraddha Talekar, PS

2/11

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impugned order, the learned Sessions Judge rejected the revision

fnding no fault with either the action of the police freezing the

account or the order passed by the learned Magistrate. Being

aggrieved, the petitioner has invoked writ jurisdiction.

6.

Heard Mr.Satish Borulkar, the learned counsel for the

petitioner and Ms.Anamika Malhotra, the learned APP for the

State.

7.

Mr.Borulkar submitted that the order of freezing of the

accounts suffers from non-application of mind. Inviting the

attention of the Court to the communication dated 4^th January

2021, whereby the Axis Bank was directed to immediately debit

freez the accounts which were registered with Mobile

No.9130874669, Mr.Borulkar submitted that the action of freezing

of accounts in such fashion, where the investigating agency is not

at all aware of the particulars of the accounts, much less, tainted

money having been parked therein fails to satisfy the essential

ingredient that there was suspicion of commission of any offence,

in that regard.

8.

Mr.Borulkar urged with a degree of vehemence that the

impugned action also is in fagrant breach of mandatory

requirement of forthwith reporting the freezing of accounts to the

Shraddha Talekar, PS

3/11

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Magistrate under sub-section (3) of section 102 of the Code.

Though the accounts were freezed on 4^th January 2021, intimation

w