40-APL-215-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO. 215 OF 2022

Manish Mangal Prasad Tripathi

…Applicant

Vs.

State of Maharashtra

… Respondent

****

Mr.Ghanshyam Upadhyay a/w. Adv. Aakash Mishra, Mr.Vishal

Singh i/b Law Juris for applicant.

Ms.Anamika Malhotra, APP for respondent-State.

CORAM : N. J. JAMADAR, J.

DATE : 22^nd APRIL, 2022

P.C.:

1.

This application under section 482 of the Code of Criminal

Procedure, 1973 (‘the Code’) is preferred seeking direction to

defreez the bank accounts of the applicant/company, being

Current Account No.50200050895143 in the name of KCEP Pvt.

Ltd. with HDFC Bank, Mira Road Branch, Mumbai and Current

Account No.20040200001120 in the name Knowledge Centre For

Educational Planning with Bank of Baroda, Kandivali (East)

Branch, Mumbai, freezed at the instance of Kandivali Police

Station in connection of F.I.R. No.591 of 2021.

2.

A crime was registered at Kandivali Police Station for the

offences punishable under sections 268, 270, 274, 275, 276, 419,

Shraddha Talekar, PS

1/7

SHRADDHA

KAMLESH

TALEKAR

Digitally

signed by

SHRADDHA

KAMLESH

TALEKAR

Date:

2022.04.26

19:49:15

+0530

40-APL-215-2022.doc

420, 188, 465, 467, 468, 470 and 471 read with 34 of the Indian

Penal Code, 1860 (‘the Penal Code’), section 66(c) of the

Information Technology Act, 2000, and section 3 of the Epidemic

Diseases Act, 1897 with the allegations that the applicant-original

accused No.9 and other co-accused had arranged a Covid

Vaccination Camp on 30^th May 2021 in between 10:00 a.m. to 2:00

p.m. at Rivona Building, Hiranandani Heritage, S.V. Road,

Kandivali (West), Mumbai, and administered spurious liquid

under the guise of Covishield Vaccine and collected a sum of

Rs.4,33,236/- from the frst informant and other witnesses.

During the course of investigation, the investigating agency

directed that the above-numbered accounts be freezed.

3.

Initially, the applicant had preferred a writ petition, being

Writ Petition No.3342 of 2021. The said writ petition was

withdrawn with liberty to move the jurisdictional court.

4.

The applicant preferred Criminal Miscellaneous Application

Exh.7 in Sessions Case No.730 of 2021 and sought a direction to

the Investigating Agency to de-freez the bank accounts. By order

dated 28^th January 2022, the learned Additional Sessions Judge

was persuaded to reject the application. The applicant has, thus,

invoked the writ jurisdiction of this Court.

Shraddha Talekar, PS

2/7

40-APL-215-2022.doc

5.

Heard Mr.Upadhayay, the learned counsel for the applicant

and Ms. Malhotra, the learned APP for respondent-State.

6.

By an order dated 22^nd March 2022, the respondent was

directed to fle an affdavit-in-reply. However, no affdavit-in-reply

has been fled.

7.

Instead, Ms. Malhotra, the learned APP has tendered a copy

of the report submitted by the Senior Inspector of Police,

Kandivali Police Station, Mumbai. The relevant part of the report

reads as under :

“

The property involved in all these vaccination

cases has been recovered and approximately amount of

Rs.15 Lakhs has been freezed lying in the accounts of

all the accused arrested. A money trial has been formed

and charge sheet of 2259 pages in Kandivali Police

Station, C.R. No.591/2021 was fled in the stipulated

time.

As per writ petition fled by the accused

Manish Tripathi it hereby submitted that the KCEP

Institute managed by the accused Manish Tripathi has

an account in HDFC Bank which was debit freezed by

Kandivali Police Station had an amount of

Rs.4,38,333/-. Current Bank statement of HDFC Bank

has been obtained which shows that after the account

was freezed amount of Rs.26,65,190/- is presently

added in the account. The total amount in the said

account is Rs.31,04,539/-.

The details of the transactions done in the said

account have been