THE HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO.34258 OF 2023

ORDER:

This Writ Petition is filed to declare the action of the respondents in freezing the petitioner’s bank account bearing No.133910011006325 of Union Bank of India, Ramnagar Gundu Branch, Hyderabad, as illegal and arbitrary and contrary to the principles of natural justice and consequently prayed this Court to direct the respondents to defreeze the said account.

2. The grievance of the petitioner is that, the respondents, without issuing any notice, have freezed his account and the said action on the part of the respondents amounts to violation of principles of natural justice.

3. Mr. Deepesh Bahadur, learned counsel appearing for the respondents 1 and 2, filed a counter affidavit wherein it is stated that the third respondent-Bank has received a communication from the Cyber Crime Cell, Agra Police, Uttar Pradesh, suspecting the petitioner’s bank account to have been involved in cyber crime and acting on the said information/summons, the third respondent-Bank has freezed the petitioner’s bank account. Since it is the case of the third respondent that they have acted upon the communication received from the Cyber Crime Cell, Agra Police under Section 102 of the Code of Criminal Procedure (Cr.P.C.), he has freezed the account.

4. Section 102 Cr.P.C. specifically states that, any 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. 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 third respondent that the petitioner’s account was seized/freezed on the communication of the Cyber Crime Cell, Agra Police in Case No.1210/2023, the petitioner is entitled to move an appropriate application on the file of the Court concerned in accordance with law.

5. Since the petitioner is having a right to file an application under Section 451 read with Section 457 Cr.P.C., if his account has been seized contrary to Section 102 Cr.P.C., this Court deems it appropriate to dispose of the Writ Petition relegating the petitioner to file an application before the Court concerned.

6. With the above observations, the Writ Petition is disposed of.

There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.

___________________________ C.V. BHASKAR REDDY, J

1^st May 2024 RRB