Allahabad High Court
Manoj Kannan vs State Of U.P. And 4 Others on 10 August, 2022
Bench: Ashwani Kumar Mishra, Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 10513 of 2022
Petitioner :- Manoj Kannan
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Hemendra Pratap Singh,Anshu Singh
Counsel for Respondent :- G.A.,Manish Trivedi
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Rajendra Kumar-IV,J.
This writ petition has been filed for issuing a writ of mandamus directing the respondents to defreeze the petitioner's accounts maintained in ICICI Bank at Branch Nariman Point, Mumbai. A further prayer is made to direct the respondents not to interfere in the operation of accounts of petitioner.
It transpires that a First Information Report under Section 420, 406 IPC has been registered as Case Crime No.147 of 2021 at Police Station Banna Devi, District Aligarh on 15.3.2021. During the course of investigation the Investigating Officer has informed the Bank concerned that money held in the accounts of the person concerned is subject matter of investigation in the aforesaid case, and therefore his accounts be freezed. This letter of the Investigating Officer dated 21.3.2021 has been received by the Bank on 9.4.2021. Ever since then the aforesaid accounts continue to remain freezed.
Petitioner contends that he has already challenged the First Information Report before the Supreme Court and all further proceedings emanating from the FIR bearing Case Crime No.147 of 2021 has been stayed. The order passed by the Supreme Court in Special Leave to Appeal (Crl.) No.5229 of 2021, dated 26.7.2021, is reproduced hereinafter:-
"Applications for exemption from filing certified copy of the impugned judgment and exemption from filing official translation are allowed.
Issue notice.
In the meantime, investigation and all further proceedings emanating from FIR bearing Case Crime No.147 of 2021 registered at Banna Devi Police Station, Aligarh, Uttar Pradesh shall remain stayed.
It is made clear that pendency of the petition in this Court will not bar the trial court/High Court for considering/deciding the bail application of the petitioner on merits."
It is with reference to the above order of the Supreme Court that the petitioner contends that the Bank accounts freezed by the respondents is liable to be released forthwith, in compliance of the above directions of the Supreme Court.
Sri Manish Trivedi appearing for the respondent Bank states that the action of freezing the Bank accounts by M/s ICICI Bank is in furtherance of the orders passed by the Investigating Agencies, which is referable to Section 105(E) of the Code of Criminal Procedure.
Learned AGA, on the other hand, submits that the Bank accounts have been frozen prior to passing of the order passed by the Supreme Court and the question as to whether the accounts already freezed needs to be released has not been commented upon by the Supreme Court. It is also stated that even otherwise it is for the appropriate Magistrate exercising his power under Section 451 Cr.P.C. to examine the issue and pass necessary orders, in accordance with law.
Having considered the respective submissions we find substance in the objection raised by the respondents, inasmuch as the issue relating to release of the Bank accounts is required to be considered by the appropriate competent court, at the first instances, with reference to his power under Section 451 Cr.P.C. It goes without saying that if such an application is made, the same shall be dealt with in accordance with law, expeditiously. No direction in the writ petition is called for, at the first instance.
Subject to the above observations, this writ petition stands disposed of.
Order Date :- 10.8.2022
Anil
