THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.29033 of 2023

ORDER:

The petitioner states that a case in Crime No.155 of 2019 dated 25.05.2019 has been registered against respondent Nos.5 and 6 for the offences punishable under Sections 363 read with 511, 420, 354, 506, 354(c) read with 34 of IPC on the file of Hanamkonda Police Station, respondent No.3 herein. It is further stated that respondent No.2 addressed a letter to respondent No.4 requesting to freeze the bank accounts of the petitioner in connection with the said crime. The grievance of petitioner is that even though he has nothing to do with the said crime registered against respondents Nos.5 and 6 and he has not been arrayed as accused in the said crime, respondent Nos.3 and 4 have freezed his bank accounts.

A counter affidavit has been filed by respondent No.3 inter alia stating that respondent No.7 has lodged a complaint with respondent No.3, who in turn registered Crime No.155 of 2019 for the offences punishable under Sections 363, read with 511, 420, 420, 354, 506, 354(c) read with 34 IPC against the petitioner (Accused No.3) and others and during the course of investigation, the Investigation Officer served notice under Section 91 Cr.P.C to the Nodal Officer/Axis Bank Manager for debit freezing the petitioner’s bank accounts. It is also stated that after completion of investigation, charge sheet has been filed vide C.C.No.4425 of 2023 and the same is pending for trial.

Learned Assistant Government Pleader for Home submits that the bank accounts of the petitioner are suspicious accounts in connection with Crime No.155 of 2019 and after following the procedure contemplated under Section 102 of Cr.P.C, the bank accounts of the petitioner have been freezed.

As per Section 102 (3) of Cr.P.C, 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. In the instant case, according to learned counsel for the petitioner, no such procedure has been followed by the respondents police. However, since it is specifically stated in the counter affidavit filed by respondent No.3 that the respondents police have already laid charge sheet in connection with Crime No.155 of 2019 and the same has been taken cognisance vide C.C.No.4425 of 2023, this Court without expressing any opinion as to whether the bank accounts of the petitioner were found under circumstances which create suspicion of the commission of offence, deems it appropriate to dispose of the writ petition by permitting the petitioner to file appropriate application on the file of the concerned Court under Section 451 read with 457 of Cr.P.C. for defreezing his bank accounts.

The writ petition is accordingly disposed of.

Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_________________________

C.V.BHASKAR REDDY, J

25.01.2024 JSU