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2025 Supreme(Online)(Mad) 22818
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, J
M.Ashok Patel – Appellant
Versus
The State – Respondent
Crl.RC.No.2409 of 2024
For the Appellants/Petitioners: Mr.P.Muthamizhselvakumar
For the Respondents: Mr.S.Sugendran
The court affirms the dismissal of the petition to defreeze a bank account subjected to a criminal investigation, reinforcing the authority to restrict access based on ongoing investigations.
Headnote:Under Section 438 read with 442 of B.N.S.S., the petitioner seeks to overturn the dismissal of Crl.M.P.No.15331 of 2024 regarding the freezing of a bank account. The petitioner was accused in Crime No.158 of 2023 under relevant sections of IPC and COTP Act. The court found that the investigation was completed, and the charge sheet filed, thus suggesting the petitioner approach the trial court for further remedy. Key issues include the legality of freezing accounts pending investigation and the right to access funds therein. The court determined that the dismissal was upheld, directing the petitioner to pursue the matter in trial court. This Criminal Revision Case is disposed of.
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| 1. investigation complete; petitioner advised to seek remedy in trial court. (Para 5) |
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.2409 of 2024 M.Ashok Patel ... Petitioner Vs.
The State rep. by The Inspector of Police C-3, Seven Wells Police Station Crime No.158 of 2023
2. The Branch Manager IDBI Bank Ltd., Washermenpet Branch No.38, G.A. Road, Old Washermentpet Chennia - 600021 ... Respondents Prayer: Criminal Revision Case filed under under Section 438 read with 442 of B.N.S.S. to set aside the order of dismissal in Crl.M.P.No.15331 of 2024 dated 11.12.2024 passed by the VIII Metropolitan Magistrate Court, George Town, Chennai and direct the respondents to de-freeze the bank account which was maintained in the second respondent bank.
For Petitioner : Mr.P.Muthamizhselvakumar For 1st Respondent : Mr.S.Sugendran Additional Public Prosecutor
ORDER
This Criminal Revision Petition has been filed by the petitioner to set aside the order of dismissal in Crl.M.P.No.15331 of 2024 dated 11.12.2024 passed by the VIII Metropolitan Magistrate Court, George Town, Chennai and direct the respondents to de-freeze the bank account which was maintained in the second respondent bank.
2. The case of the petitioner is that the respondent police registered a case against the petitioner in Crime No.158 of 2023 for the offence under Section 24(1) of COTP Act and 328 of IPC. Subsequently, pending investigation, the account of the petitioner was freezed. Hence, the petitioner filed a petition before the VIII Metropolitan Magistrate Court, George Town, Chennai, in Crl.M.P.No.15331 of 2024 seeking to defreeze the bank account. But the same was dismissed by order dated 11.12.2024. Hence, challenging the same, the present revision is filed.
3.The learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation has already been completed and the charge sheet also been filed before the NDPS Court, Chennai. He further submitted that the petitioner is an accused in Crime No.158 of 2023 for the offence under Section 24(1) of COTP Act and 328 of IPC and on suspecting that the petitioner was maintaining the sale proceeds of the contraband in the said bank account, they freezed the petitioner's bank account. The trial Court also rightly dismissed the petition filed by the petitioner, pending investigation.
4. Heard and perused the materials available on record.
5. It is seen that, now the investigation has been completed and the charge sheet also been filed. Therefore, the petitioner is directed to approach the trial Court to work out his remedy.
6. Accordingly, this Criminal Revision Case is disposed of.
