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TMI Blog2020 (8) TMIX X X X Extracts X X X X X X X X Extracts X X X X ..... sited any amount with the State Bank of India, Hatia Branch. There is no dispute that further investigation of the case u/s 173(8) Cr.P.C. is going on. Thus, in the absence of any material to suggest that any bank account has been freezed during the investigation of the instant case no order to defreeze any bank account can be passed. No merit in the writ application. Accordingly, this writ application being without any merit is dismissed. - Hon ble Mr. Justice Anil Kumar Choudhary For the Petitioner : Mr. Anil Kumar, Sr. Advocate. For the C.B.I. :Mr. Rohit Sinha, Advocate. ORDER BY THE COURT:- 1. Heard the parties through video conferencing. 2. This writ petition has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the order dated 24.09.2019 passed by the Special Judge, C.B.I., Ranchi in connection with R.C. Case No.12(A) of 2017-R registered for the offences punishable under Sections 120B/406/409/420 of the Indian Penal Code as well as under Section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act, 1988 and also for issuing direction to the C.B.I. to defreeze the bank account of the petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... communication is that the account of the petitioner with H.D.F.C. Bank, Ashok Nagar Branch has been rendered frozen with suspended operations. Mr. Anil Kumar, learned Senior Advocate appearing for the petitioner submits that after 05.08.2017 whatever transfers were made by the petitioner to the said account with the State Bank of India, Hatia Branch was adjusted by the bank towards the said purported credit of Rs.101.01 crore and the petitioner has been verbally informed by the other bankers that they have been informed by the State Bank of India, Hatia Branch that any amount lying in the accounts of the petitioner with them is the money of the State Bank of India, Hatia Branch and the petitioner is not being allowed by its bankers to operate its account by making any transfers or withdrawal. It is further submitted that such a situation has arisen on account of the mistake committed by State Bank of India, Hatia Branch and the State Bank of India, Hatia Branch in an unilateral manner directed all the bankers to freeze and suspend the operations of the accounts of the petitioner and therefore the petitioner is unable to transact any banking business. It is also submitted by learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmitted that the petitioner has preferred an application to defreeze the bank account which was rejected by the learned Special Judge, C.B.I., Ranchi. It is further submitted by learned Senior Advocate appearing for the petitioner that though bank account is material evidence but since the matter has been settled between M/s. Bhanu Construction and State Bank of India, Hatia Branch by certain terms and condition hence the order dated 24.09.2019 passed by the learned Special Judge, C.B.I., Ranchi may be set aside and direction be issued to the C.B.I. to defreeze the bank accounts. Mr. Anil Kumar, learned Senior Advocate appearing for the petitioner submits that he has no definite information as to whether the account has been freezed by the C.B.I. or not during the investigation of the case. Learned Senior Advocate appearing for the petitioner relied upon the judgment of Hon ble Supreme Court of India in the case of Teesta Atul Setalvad v. State of Gujarat reported in (2018) 2 SCC 372, paragraph 26 of which reads as under :- 26. Although both sides have adverted to statement of accounts and vouchers to buttress their respective submissions, we do not deem it necessary nor think it a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it ought not to be retained in the custody of the Court or of the police for any time longer than what is absolutely necessary. As the seizure of the property by the police amounts to a clear entrustment of the property to a government servant, the idea is that the property should be restored to the original owner after the necessity to retain it ceases. It is manifest that there may be two stages when the property may be returned to the owner. In the first place it may be returned during any inquiry or trial. This may particularly be necessary where the property concerned is subject to speedy or natural decay. There may be other compelling reasons also which may justify the disposal of the property to the owner or otherwise in the interest of justice. The High Court and the Sessions Judge proceeded on the footing that one of the essential requirements of the Code is that the articles concerned must be produced before the Court or should be in its custody. The object of the Code seems to be that any property which is in the control of the Court either directly or indirectly should be disposed of by the Court and a just and proper order should be passed by the Court regarding its d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, hence it will be premature to defreeze the account of the petitioner, if any, as there is every chance of the petitioner misappropriating the aforesaid money lying in the different accounts. Hence, it is submitted that this writ application being without any merit be dismissed. 5. Having heard the submissions made at the Bar and after carefully going through the materials available in the record, it is crystal clear that there is no material in the record to suggest that the C.B.I. has freezed any bank account. It is fairly submitted by the learned Senior Advocate appearing for the petitioner that he has also no material with him to suggest that the C.B.I. has frozen any bank account during the investigation of the instant case. Learned counsel for the C.B.I. also submitted that there is no material with him to suggest that C.B.I. has frozen the account. Be that as it may, the concerned banks with whom the petitioner is having its accounts have not been impleaded as a parties to this writ application and no relief has been sought against such banks. It is evident that though the petitioner has submitted a proposal of compromise, it has been accepted by the bank and though upon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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