Convergytics Solutions Pvt Ltd vs State Of Karnataka
2022 Latest Caselaw 4236 Kant

                            1



      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 11TH DAY OF MARCH, 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE M. NAGAPRASANNA


           WRIT PETITION No.5372/2022 (GM - RES)


BETWEEN

CONVERGYTICS SOLUTIONS
PVT LTD.,
A COMPANY INCORPORATED
UNDER THE COMPANIES ACT
1956, REPRESENTED BY
SANJEEV MISHRA
AND AHVING ITS REGISTERED
OFFICE AT:
# 5/1, GULMOHUR ENCLAVE
ROAD
KUNDANAHALLI GATE
MARATHAHALLI POST
BENGALURU - 560 037
                                             ... PETITIONER

[BY SRI. SRINIVASA RAGHAVAN V., SENIOR ADVOCATE FOR
    SRI. PRADEEP NAYAK, ADVOCATE]



AND

1.    STATE OF KARNATAKA
      THROUGH MARATHAHALLI
      POLICE STATION
                            2



     KADUBEESANAHALLI
     MARATHAHALLI, 88
     MARATHAHALLI
     SARJAPUR OUTER RING
     ROAD, BENGALURU
     KARNATAKA 560 037
     REPRESENTED BY
     SPL. PUBLIC PROSECUTOR
     HIGH COURT OF
     KARNATAKA
     BENGALURU - 560 001

2.   OFFICE OF THE
     DIRECTOR GENERAL
     OF POLICE
     C.I.D. SPECIAL UNITS
     AND ECONOMIC
     OFFENCES
     CARLTON HOUSE
     PALACE ROAD
     BANGALORE - 560 001
     COMMISSINER OF
     POLICE
     REPRESENTED BY
     SPL. PUBLIC PROSECUTOR
     HIGH COURT OF KARNATAKA
     BENGALURU - 560 001
                                             ... RESPONDENTS

[BY SMT. YASHODA K.P., HCGP FOR R1 AND R2]

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE NOTICE DATED 12.01.2022
ISSUED BY THE R2 TO THE BANKS OF THE PETITIONER, KOTAK
BANK, LANGFORD BRANCH, LANGFORD ROAD, BANGALORE,
PRODUCED AS ANNEXURE-A AND ETC.
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     THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                            ORDER

Heard the learned Senior counsel, Sri. Srinivasa Raghavan

V., appearing for the petitioner and Smt. K.P. Yashoda, learned

HCGP appearing for the respondents.

2. The petitioner is before this Court calling in question

the notice dated 12.01.2022 and all further proceedings taken

thereto.

3. The issue is with regard to freezing of the account by

an order dated 12.01.2022. Pursuant to which, the petitioner

has preferred an application under Section 457 of Cr.P.C., for

defreezing of the account, which the learned Senior counsel

appearing for the petitioner would submit that the matter was

heard and reserved for its judgment.

4. After the matter being reserved, the case is now

transferred to I A.C.M.M. in the light of the CID being handed

over the investigation in the matter and the proceedings are

pending before the I A.C.M.M.

5. The application filed under Section 457 of Cr.P.C. is

also transferred to the said Court.

6. Learned Senior counsel appearing for the petitioner

would submit that the employees are not being paid any salary

in the light of the freezing of the account and there is grave

urgency in the matter.

7. Therefore, the Court would consider the application

on its merit and pass appropriate orders in accordance with law

within 10 days from the date of receipt of a copy of this order.

8. The parties shall appear before the I ACMM on

15.03.2022 and the Court shall hear both the parties and

consider the same and pass appropriate orders within 10 days.

With the aforesaid observations, the writ petition stands

disposed.

All contentions of the both the parties shall remain open.

Sd/-

JUDGE

SJK