The trial court exceeded its authority by ordering defreezing of funds without the beneficiary's presence, violating due process.

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

This petition under Section 482 of Cr.P.C. is filed with a prayer to set aside the order dated 03.03.2025 passed by the Court of Civil Judge and JMFC, Karatagi (Itinerary Court) in C.C. No.3478 of 2024, on the request of the Investigation Officer in the present case.

2. Heard the learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel Sri. Prashant S. Hosamani appearing on behalf of respondent No.2.

3. FIR in the Crime No.173/2023 was registered by Karatagi Police Station, Koppal District, for offences punishable under Sections 120B, 489A, 489B, 420 read with 34 of IPC against petitioner and others based on the first information submitted by respondent No.2, who is the Manager of the ICICI Bank, Karatagi, Gangavati Taluk, Koppal District. After completing investigation in the case, charge sheet has been filed against nine persons and the petitioner herein is arraigned as accused No.1 in the charge sheet.

4. The case before the Committal Court is now numbered as C.C. No.3478/2024 and in the said proceedings the Investigation Officer in the present case had filed a requisition for defreezing the amount standing in the account of accused No.1 and transfer the same to the interim custody of Ace Media and Entertainment Company, Mumbai. This requisition was allowed by the learned Magistrate by order impugned and being aggrieved by the same, accused No.1/

petitioner is before this Court.

4. The requisition has been filed by the Investigation Officer for defreezing the amount available in the bank account of the petitioner with a request to transfer the same to the interim custody of Ace Media and Entertainment Company. The said company was not before the Court of Magistrate and only based on the requisition of the Investigation Officer the order impugned has been passed directing to defreez of amount and transfer of the same to the interim custody of the aforesaid company, subject to certain conditions. In the absence of the company, which is the beneficiary of the aforesaid order, on the requisition filed by the Investigation Officer, the trial Court was not justified in passing the order impugned. Under the circumstances, the order impugned cannot be sustained.

Accordingly, the following:

ORDER

Criminal Petition is allowed.

The order dated 03.03.2025 passed in C.C.