Order 11

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1904 PW 2022 State Vs J. Sudhakar Reddy and ors.
CNR No.MHMM18-009146-2022
ORDER BELOW APPLICATION, EXH.51
(For defreezing account)
1. This application under Section 457 of Code of Criminal Procedure
for release of property i.e. defreezing of bank accounts, mentioned in the
application.
2. The summary of this application is that in connection with the
present offence the accounts mentioned in the application were frozen by
Investigating Officer. Applicant has no connection with the alleged acts
and till date cooperated with the investigation. Due to action taken by
respondent, its every economic activity as mentioned in the applications
are stopped. Applicants are ready to remain abide by the conditions, if
any, imposed.
3. Ld. A.P.P. objected to it, stating that allegations are serious.
Investigation is yet incomplete, though charge sheet is filed. There found
connections between those accounts and the alleged transactions. There is
possibility of tampering. Therefore, applications shall be rejected.
4. From the record it is clear that due to freezing of account applicant
is suffering harassment. The record further reflects that First Information
Report is only in respect of offence involved amount of Rs.15 lacs.
However, huge amount is lying in all the accounts mentioned. The record
further reflects that so many other accounts also frozen by Investigating
Officer, in which huge amounts are lying finding no reasonable
connection with the persons running those accounts. The action seems to
be onerous and unjustified. The balance of interest of both the parties
needs to be maintained. Therefore, following order -
ORDER
a. The applications is allowed.
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C. C. No. 1904 PW 2022 State Vs J. Sudhakar Reddy and ors.
CNR No.MHMM18-009146-2022
b. The restrictions for operation of bank accounts mentioned in the
application, is removed/withdrawn subject to condition that applicant
shall furnish bank guarantee of Rs.5 lacs, for three years from the date of
compliance of the order.
c. The Investigating Officer/P.S.O., of respondent police station, is
directed to issue letter to concerned bank and request for defreezing of the
bank accounts mentioned in the application after compliance of the above
direction and furnishing of details and other documents mentioned above.
d. Issue letter to the respondent/Investigating Officer of concerned
police station accordingly.
MUMBAI (KOMALSING RAJPUT)
DATE – 22.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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