ORDER:

Heard the learned counsel for the petitioner and learned Government Pleader for Home, appearing on behalf of respondent Nos. 2 and 3.

PERUSED THE RECORD.

2. The Petitioner approached the Court seeking the prayer as under:

“to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus a) Declaring the action of the respondents, particularly Respondent No.1 in issuing the impugned letter dated 14.06.2023 in freezing the account of the petitioner as illegal and arbitrary;

b) And consequently, set aside the letter issued by respondent No.1 by defreezing the account of the petitioner account No.59209966999813, HDFC bank, Vivekananda Nagar Branch, Kukatpally, in the interest of justice and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3. The Counter affidavit has been filed on behalf of respondent No.1, in particular paragraph Nos. 4, 5 and 6 of the said counter affidavit filed by the respondent No.1, read as under:

4. It is submitted that, the respondent No.1 received a notice under section 91 and 102 of Criminal Procedure Code from Police Inspector, State Monitoring Cell, Gujarat State, Gandhinagar, vide Notice No.SMC/Kotak Bank beneficiary to account/Freeze/2241/2023, dated 02.06.2023, to freeze the Account bearing No.59209966999813, IFSC Code HDFC0001639.

5. I t is submitted that, in pursuance of the notice received from the Police I nspector, State Monitoring Cell, Gujarat State, Gandhinagar (Respondent No.3 in the present Writ Petition), the Respondent No.1 has debit freezed the Account.

6. It is humbly submitted that, in the notice issued by respondent No.3 to respondent No.1, it is mentioned that, the Police are conducting investigation in which financial fraud done by the accused with respect to Madhupura Police Station FIR No.11191010230171/2023 and the Investigating Office also stated in his notice that, as an investigating officer and competent authority, he requested to freeze the accounts mentioned in the notice. As per the Notice, the Account bearing No.59209966999813, IFSC Code HDFC0001639 was debit freezed by the Bank/respondent No.1.”

4. The learned Counsel appearing on behalf of respondent No.1 submits that, in view of the fact that the 1st respondent is only following the instructions of the 3rd respondent and that in fact a Notice under Sections 91 and 102 of the Criminal Procedure Code had been issued by the Police Inspector, State Monitoring Cell, Gujarat State, Gandhinagar vide Notice No.SMC/Kotak Bank beneficiary to account/Freeze/2241/2023, dated 02.06.2023 to freeze the subject account of the petitioner herein and the same is filed along with the Counter affidavit filed by respondent No.1 and a bare perusal of the same, primarily indicates that, the Police Inspector, State Monitoring Cell, Gujarat State, Gandhinagar had requested the Managar, HDFC Bank, to freeze certain bank account numbers, prescribed in a tabular form and the said list included petitioner’s bank account number as well.

5. I n view of the fact that there are proceedings borne on record indicated by the authorities concerned for conducting investigation pertaining to financial fraud done by the accused, this Court opines that the remedy of the petitioner is to approach proper forum by challenging the proceedings initiated against the petitioner by the 3rd respondent. Taking into consideration the aforesaid facts and circumstances and the averments made in the Counter affidavit filed on behalf of respondent No.1 at paragraph Nos. 4, 5 and 6 (referred to and extracted above), this Court opines that the relief as sought for the by the petitioner in the present Writ petition cannot be granted.

6. This Court opines that the plea of the learned counsel for the petitioner that the present w rit petition needs to be allow ed as prayed for placing reliance on the Judgment passed by this Court in C.R.P.No.2301 of 2018, dated 20.12.2019, is not