Authority of magistrate to direct the transfer of misappropriated funds and the restriction on their use pending resolution of related legal proceedings.

Petitioner is aggrieved by the order passed by learned Chief Judicial Magistrate, Purba Bardhaman wherein the learned court was pleased to direct as follows :

“22. Regarding Frozen Credited Funds in Bank Accounts (excluding bonded amounts): The concerned Branch Managers of the banks holding the accounts mentioned in the IO’s report, namely :

23. Subrata Das: A/C-11079960559 (SBI, Jadavpur, Kol)

Smitashree Das:А/С-21850100019234(Federal Bank, Kalyani, Nadia)

Pritam Dasgupta: A/C-32263300002490 (Yes Bank, C.R.

Avenue, Kol)

Kartick Majumdar: A/C-30665713842 (SBI)

Jayanta Ganguly: A/C-403210100006366 (BOI)

Monojit Sen: A/C-100063471927 (Indusind Bank), Alamganj, Purba Bardhaman Mohd Shakeel: A/C-41810100000827 (BOB), Greater Kailash, New Delhi Pranab Kr Ghosh: A/C-0203200100002266 (PNB), Baidyanath Katra, Bardhaman Sudeb Kr. Nayek: A/C-2005000100190118 (PNB), Shibpur, Howrah Bishnupada Mondal: A/C-919010025934442 (Axis Bank) and A/C-9220200548424(PayTM Payments Bank)

Bholanath Maity: A/C-9220200548430 (Axis Bank)

Kamala Trading, Prop. Sanjit Dey: A/C-10190010258181 (Bandhan Bank)

Subrata Das: A/C-57170100001893 (BOB)

Bhakto Mondal: A/C-919010018892095 (Axis Bank), A/C- 31560471981 (SBI), and A/C-919647614839 (PayTM Payments Bank)

Niva Maji @ Niva Mondal: A/C-2040203640 (SBI)

Fakhrul Hasan Chowdhury: A/c No. 50200060647060(HDFC)

Monoj Ghosh: A/c No 32905855601(SBI)

are hereby directed to release and transfer the entire available present balance, as detailed in the IO’s report and any further amounts subsequently found to be misappropriated and credited to these accounts, to the following account of Burdwan University: Account Name: Burdwan University Account No: 30011412523 Bank: State Bank of India IFSC Code: SBIN0002033 Branch: Burdwan University Branch This transfer shall be effected within 15 (fifteen) days from the date of this order. The banks shall provide a compliance report to this Court.”

Having considered that the learned Chief Judicial Magistrate, Purba Bardhaman has specifically directed the misappropriated amount to be credited to the account of Burdwan University account being Account No. 30011412523, State Bank of India, Burdwan University Branch, I pass a specific direction that so far as the amounts which are being transferred and are connected with Burdwan P.S. Case No. 212 of 2024 dated 22.02.2024 be earmarked by the University and should not be used in any manner or other form till the writ petition being WPA 12572 of 2024 is disposed of by this Hon’ble Court.

Mr. Basu Mallick, learned AGP along with Mr. Keshari, learned advocate assisting the learned Public Prosecutor is present on behalf of the State.

As the report is being considered in the writ petition being WPA 12572 of 2024, I am of the view that further pendency of the revisional application is unwarranted.

Accordingly, the revisional application being CRR 2941 of 2025 is disposed of.

Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.