Investigating officers cannot freeze bank accounts under Section 91 without following proper legal procedures detailed in Section 102.

Tirthankar Ghosh, J. :

Petitioner has approached this Court for quashing of the notice issued under Section 91 of the Code of Criminal Procedure. Such notice was issued by the Investigating Officer of the case in connection with Ballygunge Police Station case no. 38 dated 20.03.2019. The main grievance of the petitioner is that the investigating officer did not have the authority to issue the notice under Section 91 of the Cr.P.C . for marking the accounts of Madhu Bhandari, PAN No. ADRPB4838K; Yamini Bhandari, PAN No. AESPB2498B; M/S. Anil Kumar Bhandari, PAN ADRPB4838K and M/S. Raylon Industries, PAN No.ADRPB4838K as debit freeze and the same having been illegally done without taking the proper recourse to law under Section 102 of the Code of Criminal Procedure, would entitle the petitioner to have access to her account as the investigating officer has exercised his powers illegally under Section 91 of the Code of Criminal Procedure. To that effect learned advocate has drawn the attention of the Court to the provisions of Section 91 of the Code of Criminal Procedure which is set out as follows:

“91. Summons to produce document or other thing.— (1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same. (3) Nothing in this section shall be deemed—

(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers’ Books Evidence Act, 1891 (13 of

1891), or (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.”

In order to substantiate his argument learned advocate has relied upon the judgment of the Hon’ble Himachal Pradesh High Court in Aeronfly International Private Limited –Vs. – State of Himachal Pradesh and Ors. (Cr.MMO No. 533 of 2024), reference has been made to paragraph 25 and 26 which are set out as follows:

“25. Admittedly, in the case at hand, Cyber Cell, Kullu, straightaway, without ascertaining the factual position, issued notice to ICICI Bank, Kullu, to debit freeze the account of the petitioner-company that too by issuing notice under Section 91 Cr.P.C ., which does not empower the Investigation Officer to order debit freeze of bank account. There is nothing to suggest that at any point of time, Cyber Cell approached competent Court of law under Section 102 Cr.P.C . for ordering freezement of the bank account of the petitioner and there is no order in that regard, if any, passed by the Magistrate. Though, Mr. Rajan Kahol, learned Additional Advocate General, argued that there is procedural lapse, which can be ignored, but afore submission of learned Additional Advocate General is totally contrary to record. At no point of time, process, if any, ever came to be initiated at the behest of Investigating Officer to start process against accused under Section 102 Cr.P.C ., rather Investigating Officer itself without there being any authority of law proceeded to order debit freeze of the account of accused under Section 91 Cr.P.C , which was not permissible.

26. Consequently, in view of the above, present petition is allowed and notice under Section 91 Cr.P.C ., dated 14.05.2024, issued by Incharge, Cyber Cell Kullu, District Kullu, Himachal Pradesh to Manager, ICICI Bank, Kullu, District Kullu