THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVISION CASE No.1114 OF 2024

ORDER:

This Criminal Revision Case is filed by the petitioner seeking to set aside the condition imposed in the impugned order dated 08.10.2024 in Crl.M.P.No.2258 of 2024 in Crime No.45 of 2024, in directing the petitioner to maintain lien in his account bearing No.4763028828609832 for a sum of Rs.3,77,570/-.

2. Heard Mr. Mandala Nagendra Babu, learned counsel for the petitioner, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State and Mr.Boddupalli Nagarjuna, learned counsel for unofficial respondent No.3.

3. Learned counsel for the petitioner stated that he had filed an application before the trial Court under Section 457 of Cr.P.C. seeking to defreeze the bank account of the petitioner bearing No. 4763028828609832 by stating that he has entered into a Memorandum of Understanding with respondent No.3 and paid an amount of Rs.3,77,570/- and that the concerned Police have freezed the entire account of the petitioner. The trial Court, vide impugned order dated 08.10.2024, directed the Office to defreeze the account of the petitioner and the operative portion of the said order is extracted as under:-

“Therefore, in view of the above discussion and in view of the settled law, respondent No.4 is hereby directed to defreeze the account bearing No.4763028828609832 pertaining to the petitioner and to keep a lien on a sum of Rs.3,77,570/-.The petitioner herein is hereby permitted to operate his bank account, subject to a condition that he shall ensure that the account shall always have a minimum balance of Rs.3,77,570/-.

The Office is hereby directed to issue a letter to respondent No.4 directing to defreeze the account bearing No. 4763028828609832 and put lien on Rs.3,77,570/- in the said amount”.

4. Learned counsel for the petitioner would further submit that imposing condition upon the petitioner to maintain lien on a sum of Rs.3,77,570/- in the account of the petitioner is against the principles of natural justice and seeks to allow this Revision.

5. Learned counsel for unofficial respondent No.3 takes no objection to the same.

6. Having regard to the submissions of both the learned counsel and relying upon the decision passed by the Hon’ble Supreme Court in Sunderbhal Ambalal Desai Vs. State of Gujarat1, this Court deems it appropriate to modify the impugned order by setting aside the condition imposed against the petitioner in directing him to maintain lien in his bank

1 2002 Supp(3) SCR 39

account bearing No.4763028828609832 for a sum of Rs.3,77,570/-. Respondent No.4 is directed to defreeze the account of the petitioner by imposing conditions to its own satisfaction.

7. With the above direction, this Criminal Revision Case is disposed of.

Miscellaneous Petitions, pending if any, shall stand closed.

_____________________ E.V. VENUGOPAL, J Date: 07.11.2024 ESP