The freezing of a bank account must follow due process under Section 102 Cr.P.C. to avoid violations of constitutional rights.

This Writ Petition is filed seeking to declare the action of respondent No.2 in freezing the petitioner’s bank account bearing No.62018658992 at State Bank of India, Amangal Branch, Ranga Reddy District as illegal and arbitrary and consequently, direct respondent No.2 to defreeze the petitioner’s bank account and for other appropriate reliefs.

2. The petitioner claims to be a Ration Dealer and for the said purpose he opened bank account with respondent No.2 vide account bearing No.62018658992. The petitioner’s account has been freezed in connection with Crime No.301 of 2020 registered for the alleged offences under Sections 420, 406, 468 and 120-B of IPC and Sections 4,5,6 read with 3, 2 © of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978.

3. The grievance of the petitioner is that respondent No.2, without issuing any notice as required under Section 91 of the Code of Criminal Procedure (Cr.P.C.) and without following the CVBR, J Wp_25968_2021 2 procedure as contemplated under Section 102 Cr.P.C., has freezed the petitioner’s bank account.

4. Learned counsel for the petitioner has vehemently contended that, as per Section 102 Cr.P.C., a 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, after reporting the seizure to the Magistrate concerned by following the procedure as contemplated under sub-Clause (3) of Section 102 Cr.P.C. He further contended that the respondents have not followed the procedure contemplated under Section 102 Cr.P.C. and as such, freezing of the petitioner’s bank account amounts to violation of Articles 14 and 300A of the Constitution of India. Learned counsel for the petitioner further contended that the petitioner was falsely implicated in the above crime.

5. Learned Government Pleader for Home appearing for the respondents 3 and 4 has submitted that the petitioner’s bank account was freezed for involvement of transactions in Crime No.301 of 2020 and as such, the said account was freezed by respondent No.2 on the instructions issued by the respondent-CVBR, J Wp_25968_2021 3 police. It is also stated that the respondent-police have followed the procedure, as contemplated under Section 102 Cr.P.C. and therefore, it is not a fit case to direct the respondents to defreeze the petitioner’s bank account.

6. It is settled law that the bank account of the accused/petitioner or any of his relation constitutes ‘property’ within the meaning of Section 102 Cr.P.C. and during the course of investigation, the Investigating Officer concerned can seize operation of the said account if such assets have direct link with commission of offence. Since it is the case of the fifth respondent that the petitioner’s bank account has been freezed in connection with Crime No.301 of 2020 of Ramachandrapuram (CCS-EOW) Police station, Cyberabad, the petitioner is entitled to move an appropriate application on the file of the Court concerned in accordance with law.

7. Having regard to the same and as the petitioner is having remedy to file an application under Section 451 read with Section 457 Cr.P.C., if his account has been freezed contrary to Section 102 Cr.P.C., this Court deems it appropriate to dispose of the Writ Petition relegating the petitioner to file application CVBR, J Wp_25968_2021 before the Court concerned. If such an application is filed, the Court concerned is directed to examine the same and pass appropriate orders for defreezing the petitioner’s bank account, as expeditiously as possible.

8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

9. Miscellaneous applications, if any, pending shall stand closed.