Order 6

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
COMMON ORDER BELOW APPLICATIONS, EXHS. 48, 49 AND 50
(For defreezing accounts)
1. These applications under Section 457 of Code of Criminal
Procedure for release of property i.e. defreezing of bank accounts,
mentioned in the applications.
2. The summary of these applications is that in connection with the
present offence their accounts mentioned in the applications were frozen
by Investigating Officer. Applicants have 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. On perusal of record it is noticed that the amount lying in all the
accounts is high, however amount transferred is very low. Further, First
Information Report is only in respect of an amount about Rs.14 lacs,
however number of accounts frozen in which crores of rupees are lying.
There found no connection between the amount mentioned in the First
Information Report and the amount lying in the accounts. It means, as
observed in previous orders, the evidence to suggest that the amount is the
same amount in respect of which offence was registered and charge sheet
is filed is comparatively weak. The investigation relating to it is over. The
accounts are main business accounts of the applicants. Due to freezing of
accounts every activity of the applicants is halted. Applicants are ready to
remain abide by the conditions, if ordered. Evidence already collected.
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C. C. No. 1904 PW 2022 State Vs J. Sudhakar Reddy and ors.
CNR No.MHMM18-009146-2022
There appears no hindrance in allowing the applications as applicants
may suffer irreparable loss and investigation relating to account is already
over. Accordingly, following order -
ORDER
a. All the applications are allowed.
b. The restrictions for operation of bank accounts mentioned in all
these applications, are removed/withdrawn subject to condition that they
shall furnish their detailed addresses and proofs thereof.
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 all these applications after 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 – 25.01.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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