A criminal petition under Section 482 Cr.P.C. seeking to quash an order freezing a bank account was dismissed as it did not survive consideration after the police requested to defreeze the account.
The Criminal Petition is dismissed as the petition seeking defreezing of the account does not survive for consideration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:14641 CRL.P No. 102318 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102318 OF 2023
BETWEEN:
M/S NOWOFLN SERVICE INDIA PVT. LTD., R/BY ITS DIRECTOR, SRI. ARVINDBHAI S/O BOGHA BHAI MAKWANA, ADDRESS: SHOP NO.128, 1ST FLOOR, GREEN ELINA, OPP. CENTER POINT ABOVE KOTAK MAHINDRA BANK, MAHAL ROAD, ADAJAN SURAT, GUJARAT-395009.
… PETITIONER
(BY SMT. ANUSHA SANGAMI, ADVOCATE)
AND:
VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI MKANKUPPI Date: 2023.12.16 11:13:11 +0530
… RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1; SRI. PRASHANT HOSAMANI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ORDER DATED 10.04.2023 PASSED BY THE CIVIL JUDGE AND JMFC YALLAPURA IN CC NO.1987/2022 AND ISSUE INTIMATION TO RESPONDENTS TO DE-FREEZED ICICI BANK ACCOUNT NO.019305502026 PERTAINING TO NOWOFLOAN SERVICE INDIA PVT. LIMITED.
THIS PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner is present.
2. Learned High Court Government Pleader placed
on record the copy of letter dated 07.12.2023 (reference No.2172/2023/CRM) sent by Police Inspector, Yallapur
Police Station to the Manager of ICICI Bank Limited, Surat, State-Gujarat, wherein the Police Inspector has requested to defreeze the account of petitioner.
defreezing of the account of petition does not survive for consideration.
AM/-
Sd/JUDGE
1 issue framed by the court
Whether the criminal petition seeking quashing of the order to freeze the petitioner's bank account survives for consideration in view of the police's request to defreeze the account.
1 provisions across 1 enactments
M/S NOWOFLN SERVICE INDIA PVT. LTD.
THE STATE OF KARNATAKA
THE BANK MANAGER, ICICI BANK LTD.
SHRI. VIGNASHWAR S/O GANAPATI BHAT
SHIVASHANKAR AMARANNAVAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
