Orissa High Court
Pawan Mohanty @ Pabana vs State Of Odisha & Ors. ..... Opp. Parties on 2 September, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2541 of 2024
Pawan Mohanty @ Pabana ..... Petitioner
Mohanty
Represented By Adv. -
Panchanan Panigrahi
-versus-
State Of Odisha & Ors. ..... Opp. Parties
Represented By Adv. -
S.K. Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
02.09.2025
Order No.
06. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties. Perused the application as
well as the prayer made therein.
3. By filing the present application under Section 482 of the
Cr.P.C. the Petitioner seeks to invoke the inherent jurisdiction of
this Court for a direction to the Opposite Party No.2 to defreeze
the bank account of the Petitioner in connection with Umerkote
P.S. Case No.218 of 2023 which corresponds to G.R. Case No.372
of 2023 and T.R. No.69 of 2024.
4. Learned counsel for the Petitioner at the outset contended
that the criminal proceeding which was initiated on the basis of
the Umerkote P.S. Case No.218 of 2023 has ended in acquittal of
the Petitioner in G.R. Case No.372 of 2023 corresponds to T.R.
No.69 of 2024 vide judgment dated 27.05.2024 of the learned
J.M.F.C., Umerkote. Learned counsel for the Petitioner further
contended that during investigation, on the basis of a letter of the
I.O., the bank account of the Petitioner was freezed by the
concerned bank i.e. Opposite Party No.3. He further contended
that although the Petitioner has been acquitted of all charges by
the learned JMFC, Umerkote as the Petitioner was not found
guilty of the offence punishable under Section 420 of IPC,
however, the bank account of the Petitioner still continue to
remain under freeze. As a result, the Petitioner is facing immense
difficulty in operating his bank account.
5. Learned counsel for the State on the other hand on
instruction from the I.I.C., Umerkote submitted before this Court
that since there is no order from the court the account has not been
defreezed. In such view of the matter, learned counsel for the
State contended that the present application filed by the Petitioner
is not maintainable.
6. On a careful analysis of the submissions made by learned
counsels appearing for the parties, further on a close scrutiny of
the factual background of the present case, this Court observes
that the Petitioner was implicated in a case for commission of
offence punishable under Section 420 of the IPC. During
investigation on the basis of the request of the I.O., the bank
account of the Petitioner was freezed. In the meantime, the
Petitioner faced trial and he has been acquitted pursuant to the
judgment of the learned JMFC, Umerkote at Annexure-2 to the
application.
7. On perusal of the judgment at Annexure-2, it appears that
the learned trial court has categorically held that the Petitioner was
not found guilty of the offence punishable under Section 420 of
the IPC. Despite such acquittal, the bank account of the Petitioner
has not been defreezed. As a result, the Petitioner is unable to
operate the bank account. However, on a query being put by this
Court to the counsels appearing from both sides as to whether the
bank account of the Petitioner was freezed by virtue of any
judicial order, no satisfying reply is coming-forth. It appears that
the bank account of the Petitioner was freezed on the request of
the I.O. in course of investigation.
8. In view of the aforesaid position, this Court disposes of the
application with the observation that if bank account has been
freezed pursuant to the order of the learned JMFC, Umerkote, then
the Petitioner is granted liberty to move an application before the
learned JMFC, Umerkote for defreezing such bank account. In
such eventuality, the learned JMFC, Umerkote shall pass
necessary orders in accordance with law. In the event the bank
account has been freezed on the request of the I.O., then necessary
instruction be imparted to the concerned bank-Opposite Party
No.3 by the I.O.-Opposite Party No.2 to defreeze the bank account
of the Petitioner immediately.
9. With the aforesaid observations/ directions, the CRLMC
stands disposed of.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 04-Sep-2025 11:41:26
