Writ petition challenging continuation of bank account freeze and SB/FC. Court refused immediate de-freeze due to pending charges but directed trial court to conclude proceedings within six months.
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WP No. 6305 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6305 OF 2023 (GM-RES)
BETWEEN:
SHRI SHIVU A., S/O LATE ANNAPPA AGED 25 YEARS, 1ST WARD, SAVALANAGA ROAD, SHIVAMOGGA – 577 201.
…PETITIONER
(BY SRI K.ARVIND KAMATH, SENIOR COUNSEL FOR SMT.G.D.LEKHA AND SRI K.G.KAMATH, ADVOCATES)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
OPP. SHIMOGA INSTITUTE OF
MEDICAL SCIENCES,
BANGALORE-HONAVAR ROAD, SHIVAMOGGA, KARNATAKA – 577 202 REPRESENTED BY STATION HOUSE OFFICER.
AGED 41 YEARS, S/O L.RAMANATH NANDHI SERVICE STATION, KUVEMPU ROAD,
WP No. 6305 of 2023
SHIVAMOGGA,
KARNATAKA – 577 201.
…RESPONDENTS
(BY SRI B.V.KRISHNA, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT CONTINUATION OF THE ATTACHMENT/FREEZE ON THE PETITIONERs SAVINGS BANK ACCOUNT BEARING NO.64213856271 IN THE BANK OF THE R-3, DESPITE COMPLETION OF THE INVESTIGATION IN CONNECTION WITH CC NO.1418/2019 ARISING OUT OF FIR NO.0182/2017 IN THE FILE OF IIND JMFC COURT VIDE ANNX-C ORDER DTD 05.07.2017 IS ILLEGAL AND ARBITRARY, AND A CONSEQUENCE THEREOF, HOLD THAT THE PETITIONER IS ENTITLED TO OPERATE THE SAID BANK ACCOUNT AND THE DEPOSITS MADE UNDER IT.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner calls in question the order of freezement of his savings bank account by the 3rd respondent-Bank and seeks de-freezement of the said account with permission to withdraw the fixed deposit made.
WP No. 6305 of 2023
of the petitioner had been directed to be freezed on account of involvement of the petitioner in C.C.No.1418 of 2019 on the file of II Additional Civil Judge (Jr.Dn.) & JMFC, Shimoga.
WP No. 6305 of 2023
With the aforesaid observations, petition stands disposed. I.A.No.1/2023 also stand disposed, as a consequence.
Sd/JUDGE
BKP List No.: 1 Sl No.: 58
1 issue framed by the court
Whether the freeze order on the petitioner's bank account should be continued or lifted given the investigation status.
1 provisions across 1 enactments
Shivu A.
State of Karnataka by Doddapete PS
Sri L.R. Kiran
State Bank of India
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
