Final Order 1

Order Details: Order Below EX 1
Pdf Text: Notice Case No. 715 N 2022 Alpheo Vs State
CNR-MHMM18-010627-2022
ORDER BELOW EXH.1
1. This is an application under Section 457 of Code of Criminal
Procedure for release of property, i.e. for defreezing the account of the
applicant.
2. It is contended that the account of the applicant mentioned in the
application has been frozen by bank on request of Investigating Officer.
The act of the applicant is illegal, in view of provisions of Companies
Act. The accused has been released by Sessions Court on anticipatory
bail. The act is illegal as Section 102(3) of Code of Criminal Procedure,
has not been complied with.
3. Ld. A.P.P. and Investigating Officer objected to it stating that
investigation is incomplete. The amount is having reasonable connection
with the allegations. The accused is not co-operating, besides other
grounds.
4. Admittedly, investigation is incomplete and charge sheet is yet to
be filed. The amount involved is high and there found reasonable
connections of the account with the allegations of cheating and forgery
made in the first information report. Therefore, prayer can not be
considered at this stage.
5. So far as legality of the action, in view of Section 102 of Code of
Criminal Procedure, and citations relied upon are concerned, those are not
applicable to the present matter, as the facts of the present case are totally
different. Therefore, following order -
ORDER
The application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 10.08.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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