Orissa High Court
Abinash Patel vs State Of Odisha (Vigilance) on 16 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC Nos.1292, 1293 & 1294 of 2022
CRLMC No.1292 of 2022
Abinash Patel .... Petitioner
Mr. Manoj Kumar Mohanty, Advocate
-Versus-
State of Odisha (Vigilance) .... Opposite Party
Mr. Niranjan Moharana,
ASC for Vigilance Department
CRLMC No.1293 of 2022
Padmini Patel .... Petitioner
Mr. Manoj Kumar Mohanty, Advocate
-Versus-
State of Odisha (Vigilance) .... Opposite Party
Mr. Niranjan Moharana,
ASC for Vigilance Department
&
CRLMC No.1294 of 2022
Dillip Kumar Patel .... Petitioner
Mr. Manoj Kumar Mohanty, Advocate
-Versus-
State of Odisha (Vigilance) .... Opposite Party
Mr. Niranjan Moharana,
ASC for Vigilance Department
CORAM:
JUSTICE R.K. PATTANAIK
DATE OF JUDGMENT:16.12.2022
1.
All the above petitions filed under Sections 482 Cr.P.C. at the
behest of the petitioners have been clubbed together and
CRLMC Nos.1292, 1293 & 1294 of 2022
Abinash Patel etc. Vrs. State of Odisha (Vigilance)
disposed of by a common order since the relief prayed for is of
similar nature.
2. The petitioners belong to one family and have filed instant
petitions with a direction to the opposite party-State to defreeze
the bank accounts attached in connection with Sambalpur
Vigilance P.S. Case No.23 of 2020 corresponding to Vigilance
G.R. Case No.17 of 2020 pending in the file of learned Special
Judge (Vigilance), Sambalpur.
3. Heard Mr. Manoj Kumar Mohanty, leaned counsel for the
petitioners and Mr. Niranjan Maharana, learned ASC for the
Vigilance Department.
4. The Inspector of Vigilance, Jharsuguda lodged the FIR against
the petitioners in CRLMC Nos.1292 and 1294 of 2022 consequent
upon which Sambalpur Vigilance P.S. Case 23 of 2020 was
registered under Sections 13(2) read with 13(1)(b) and Section 12
of the Prevention of Corruption (Amendment) Act, 2018 (in short
'the P.C. Act') which corresponds to Vigilance G.R. Case No.17 of
2020 with the allegation that one of the petitioners in CRLMC
Nos.1294 of 2022 accumulated properties disproportionate to his
known source of income and in that connection, the accounts of
the petitioners were attached.
5. Mr. Mohanty, learned counsel for the petitioners submits that
due to attachment of the accounts, the petitioners are facing a lot
of difficulty and financial hardship. It is further submitted that
representations were submitted to the Superintendent of Police
(Vigilance) at different point of time to release the said accounts
but the same yielded no result. Such attachment of the accounts,
as further submitted by Mr. Mohanty, is illegal, arbitrary and
contrary to law since the provisions of Section 18-A of the P.C.
Act has not been followed.
Abinash Patel etc. Vrs. State of Odisha (Vigilance)
6. By stating the reasons different from each other vis-à-vis the
seized bank accounts, the petitioners claim it to be defreezed.
7. Mr. Moharana, leaned ASC for Vigilance Department submits
that since the petitioners have approached for the alleged
accounts to be defreezed, appropriate order may be passed in
that regard.
8. Mr. Mohanty, learned counsel for the petitioners submits that
one of the petitioners along with the daughter of the petitioner in
CRLMC No.1294 of 2022 had approached this Court on earlier
occasion in CRLMC Nos.1147 and 1142 of 2021 respectively with
similar relief by claiming attachment of the accounts was not in
confirmity with Section 18-A of the P.C. Act and considering the
same, direction was issued for its release. The alleged accounts
had been seized in connection with Sambalpur Vigilance P.S. Case
No.23 of 2020. On a similar ground, the petitioners at present
have prayed for defreezing the bank accounts.
9. Mr. Mohanty, learned counsel for the petitioners cites an order
of the Apex Court dated 6th September, 2021 in Criminal Appeal
No.949 of 2021 in the case of Ratan Babulal Lath Vrs. The State
of Karnataka while claiming for release of the bank accounts.
10. Considering the submissions of the learned counsel for the
respective parties and as similar reliefs have been granted to the
petitioners in CRLMC No.1293 of 2022 and CRLMC No.1142 of
2021 involving attachment of bank accounts of former's daughter
and keeping in view the decision of the Apex Court in Ratan
Babulal Lath (supra) which is with regard to compliance of Section
18-A of the P.C. Act, the Court is of the considered view that in
the facts and circumstances of the case, a direction is required to
be issued to the Authority concerned to defreeze the accounts
attached in connection with Vigilance G.R. Case No.17 of 2020.
Abinash Patel etc. Vrs. State of Odisha (Vigilance)
As regards maintainability of the petitions is concerned since
similar prayer had earlier been made, Mr. Mohanty, learned
counsel for the petitioners submits that it should not stand as a
bar in view of Section 362 Cr.P.C. and cited an authority in Anil
Khadkiwala Vrs. State (Government of NCT of Delhi) and
Another (2019) 17 SCC 294 in support thereof. Considering the
law on the point and the relief being for defreezing of accounts,
according to the Court, notwithstanding previous encounters, it
should not be an obstacle on the way of the petitioners.
11. With the above conclusion, the petitions stand disposed of
with a direction to the concerned Authority to defreeze the seized
accounts of the petitioners attached in connection with Sambalpur
Vigilance P.S. Case No.23 of 2020 corresponding to Vigilance
G.R. Case No.17 of 2020 pending in the file of learned Special
Judge (Vigilance), Sambalpur forthwith with an observation that it
is open for the Vigilance Authority to take recourse to law as per
and in consonance with the above decision of the Supreme Court
with regard to the freezing of the accounts.
12. Issues urgent copy as per rules.
13. A free copy of the order be supplied to Mr. Moharana,
learned counsel for the Vigilance Department for intimation.
(R.K. Pattanaik)
Judge
U.K. Sahoo
