The police can freeze a bank account under Section 102 of the CrPC if it's linked to an ongoing investigation.

1. This petition is directed against the order Annexure P - 1 by which the petitioner's savings bank account has been freezed on a complaint made by one Jai Prakash Agrawal, Proprietor of Mining Industries Private Limited, Bilaspur, on 29-1-2022, whereas the first information report (FIR) against him was registered on 10-2-2022 which is unsustainable and bad in view of the provisions contained in S.102 of the CrPC.

2. Mr. Sushobhit Singh, learned counsel appearing for the petitioner, would submit that without registration of FIR, savings bank account of the petitioner has been freezed which runs contrary to the decision rendered by the Madras High Court in the matter of Mrs. B. Kavitha v. The Inspector of Police and another (Crl.O.P.No.14824 of 2019, decided on 11-6-2019) : (AIROnLine 2019 Mad. 2369).

3. On the other hand, Mr. Anmol Sharma, learned Panel Lawyer appearing for the State / respondent Nos.1 to 3, would submit that bank account is a property within the meaning of S.102 of the CrPC, therefore, remedy of the petitioner would be to file application under S.457 of the CrPC.

4. We have heard learned counsel for the parties and considered their rival submissions made herein - above and also went through the record with utmost circumspection.

5. In order to decide the dispute between the parties, it would be appropriate to notice the provisions contained in S.102 of the CrPC, which states as under: -
"102. Power of police officer to seize certain property - (1) Any police officer, may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.
(3) Every police officer acting under sub- section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same:
Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of S.457 and S.458 shall, as nearly as may be practicable, apply to the net proceeds of such sale."

6. A careful perusal of the provisions contained in sub-section (1) of S.102 of the CrPC would show that the police officer in course of investigation can seize any property under S.102 of the CrPC, which is the property alleged or suspected to have been stolen or is the object of crime under the investigation or has direct link with commission of offence for which the police officer is investigating into. Similarly, every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, or wh