A company's bank account was frozen by police over Rs.50 lakhs allegedly fraudulently transferred in Crime No.21/2022. After the FIR in that crime was quashed and a 'B' report submitted, the court quashed the freeze notice and directed defreezing of the account within one week.
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: 2024:KHC:48213 WP No. 8685 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 8685 OF 2024 (GM-POLICE)
BETWEEN:
M/S. MEGA CORPORATION LTD., NSIC COMPLEX, MA ANANDAMAYEE MARG OKHLA, OKHLA INDUSTRIAL ESTATE PHASE III, NEW DELHI 110 020, REPRESENTED BY ITS DIRECTOR, MR. AMARA BABU G.N., A COMPANY REGISTERED UNDER COMPANIES ACT 2013
…PETITIONER
(BY SRI. BHARATH KUMAR V., ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION / NOTICE DATED 10/06/2022 MADE BY THE R1 IN FAVOUR OF THE BANK MANAGER, HDFC, CHIKKABALLAPURA, DIRECTING TO DEBIT FREEZE AND TO MARK A LIEN TO THE EXTENT OF RS. 70 LAKHS IN RESPECT OF THE ACCOUNT BEARING NO. 00272560002515 HELD BY THE PETITIONER WITH M/S HDFC BANK, PANCHASHILA PARK BRANCH, DELHI.(ANNEXURE-A) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
Petitioner is seeking for direction to respondent No.1 to defreeze the account of the petitioner held in HDFC Bank, Chikkaballapura.
NC: 2024:KHC:48213 WP No. 8685 of 2024
of the petitioner’s bank account is not legally sustainable. Accordingly, I pass the following:
ORDER
Sd/(HEMANT CHANDANGOUDAR) JUDGE
GPG List No.: 1 Sl No.: 2 CT:SNN
1 issue framed by the court
Whether a bank account freeze ordered during a criminal investigation remains sustainable after the underlying FIR is quashed and a 'B' report filed.
2 provisions across 2 enactments
M/S. Mega Corporation Ltd.
State of Karnataka by Station House Officer, DCB, CEN Police Station, Chikkaballapura
M/S. Amrutha Constructions Pvt. Ltd.
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
