Police notice under Section 91 Cr.P.C. sought bank statements; the bank additionally froze the petitioner's account. The court held police had no jurisdiction to freeze accounts under Section 91, rejected an indemnity/security condition as the complaint showed no proceeds of crime, and directed de-freezing.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 19455 OF 2021 (GM-POLICE)
BETWEEN:
…PETITIONER
(BY SRI SARAVANA S., ADVOCATE)
AND:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
…RESPONDENTS
(BY SRI S.H. RAGHAVENDRA, AGA FOR R1 & R2; R3 IS SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE AT ANNEXURE-C DATED 21.10.2021, ISSUED BY THE R-2 TO R-3 BANK AND ALL CONSEQUENTIAL ACTS IN PURSUANCE OF ANNEXURE-C BY THE R-3 BANK.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
The petitioner has called in question notice at
Annexure-C dated 21.10.2021 issued by the second respondent to third respondent-Bank.
complaint has been filed by one Sudhirkumar against the petitioner-Company with regard to pending dues relating to the contract.
Police Station, Bangalore. The police-authorities have issued notice under Section 91 of Cr.P.C., to respondent
No.3-Bank to furnish Bank statement maintained by the
petitioner in respondent No.3-Bank.
NC: 2024:KHC:34577 WP No. 19455 of 2021
to maintain the disputed amount as minimum balance in the account to satisfy the claim in the complaint.
for the parties.
NC: 2024:KHC:34577 WP No. 19455 of 2021
In view of disposal of the petition, the interlocutory application would not survive and it stands accordingly disposed of.
Sd/(K. V. ARAVIND) JUDGE
DDU
List No.: 1 Sl No.: 36
1 issue framed by the court
Whether the police could freeze the petitioner's bank account in exercise of a Section 91 Cr.P.C. notice requiring only production of bank statements.
3 provisions across 2 enactments
M/S Saravaloka Services On Call Pvt. Ltd.
The State of Karnataka, by Department of Home Affairs
Hanumanthanagar P.S., Bengaluru, by its Station House Officer
Axis Bank, Indiranagar Branch, Bengaluru
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
