M/S Seed Infotech Limited vs The State Of Maharashtra And Anr
2023 Latest Caselaw 10621 Bom

                                                                 8.761.23 apeal.doc


Iresh
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CRIMINAL APPELLATE JURISDICTION

                          CRIMINAL APPEAL NO. 761 OF 2023

        M/s. Seed Infotech Ltd                          ...Appellant

                 Versus

        The State of Maharashtra and another            ...Respondents

        Mr. Nitin P. Deshpande for the appellant
        Mrs. P. P. Shinde, APP for the State

                                    CORAM : REVATI MOHITE DERE &
                                            GAURI GODSE, JJ.
                                     DATE : 12th OCTOBER 2023

        P.C. :
        1.       This appeal is filed to challenge the Judgment and Order dated

        6th March 2021 passed below Exhibits 1 and 14 by Additional Sessions

        Judge, Pune in Criminal Miscellaneous Application No. 179 of 2020

        in (CNR No. MHPU01-006715/2020) Special Case No. 306 of 2020.


        2.       Learned counsel for the appellant submitted that the impugned

        order is passed on an application filed by the appellant for challenging

        the order passed by the respondent no. 2 for freezing the appellant's



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                                                         8.761.23 apeal.doc


bank accounts by exercising powers under Section 102 of Code of

Criminal Procedure, 1973. Learned counsel further submitted that

during the pendency of the present appeal, the State Government has

issued Notification dated 13th April 2023 under Section 4 of The

Maharashtra Protection of Interest of Depositors (In Financial

Establishments) Act ('MPID' Act). He further submitted that pursuant

to the said Notification, the appellant's bank accounts as well as other

properties are already attached by the competent authority. He

therefore submitted that the appellant be granted liberty to adopt

appropriate remedies before the appropriate forum         for releasing

appellant's   attached   properties   and   bank   accounts   including

challenging the Notification issued under Section 4 of the MPID Act

as permissible in law.


3.   Learned APP does not dispute the aforesaid subsequent

developments.


4.   Hence, in view of the aforesaid, the order passed by the

respondent no. 2 under Section 102 of Code of Criminal Procedure,


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                                                        8.761.23 apeal.doc


1973 does not survive. Hence, the following order is passed.


                                  ORDER

I. The Judgment and Order dated 6th March 2021

passed below Exhibits 1 and 14 by Additional Sessions

Judge, Pune in Criminal Miscellaneous Application No.

179 of 2020 in (CNR No. MHPU01-006715/2020)

Special Case No. 306 of 2020 is quashed and set aside.

II. The letter dated 27th February 2020 issued by the

respondent no. 2 in exercise of powers under Section 102

of Code of Criminal Procedure, 1973 directing the

respondent no. 3 to freeze the bank accounts of the

appellant is quashed and set aside.

III. The appellant is at liberty to take out appropriate

proceedings before the appropriate forum for releasing

appellant's attached properties and bank accounts by the

competent authority pursuant to the Notification issued

under Section 4 of the MPID Act as permissible in law.

8.761.23 apeal.doc

IV. It is made clear that we have not examined the

merits of the appeal, hence, all contentions of all the

parties are kept open.

V. Appeal stands disposed of in above terms.

All parties to act on the authenticated copy of

this order.

GAURI GODSE, J. REVATI MOHITE DERE, J.

Signed by: Iresh S. Mashal Designation: PS To Honourable Judge Date: 13/10/2023 17:05:17