Allowed

Jothi v. the State Rep by Its

Madras HC22 Jun 2023CRL OP/3475/2023

Case brief

AI extract

What is this about?

A criminal original petition filed to direct the State Bank of India to de-freeze the petitioner's account frozen without police instruction. The court set aside the freezing order and directed the bank to allow immediate operation of the account.

What did the court decide?

The freezing of the petitioner's account is set aside, and the respondent is directed to de-freeze the account and permit the petitioner to operate it immediately.

Jothi Vs the State Rep by Its — Cheque Dishonour | Madras HC (2023)

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Crl.O.P.No.3475 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.06.2023

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CORAM

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THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

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Crl.O.P.No.3475 of 2023

Jothi

... Petitioner

1.The State represented by its Inspector of Police, Central Crime Branch Police Station, Tiruppur City, Tiruppur District.

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2.The Branch Manager, State Bank of India, Branch Code – 12788, Nallur Branch, Tiruppur.

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... Respondents

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Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to direct the Respondent to De freeze the petitioner's account in the State bank of India (Nallur Branch) bearing Account no.67097353547 in Crime No.11 of 2022 pending investigation on the file of the Respondent.

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For Petitioner ... Mr.I.M.Siddartha Ramarajan For R-1 ... Mr.Leonard Arul Joseph Selvam Government Advocate (crl.side)

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For R-1

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.3475 of 2023

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ORDER

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This Criminal Original Petition has been filed to direct the Respondent to De-freeze the petitioner's account in the State bank of India (Nallur Branch) bearing Account no.67097353547 in Crime No.11 of 2022 pending investigation on the file of the Respondent.

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Learned counsel for the petitioner submitted that, petitioner's account is unnecessarily frozen by the 2^nd respondent Bank. Petitioner finds it difficult to run his business with his account being freezed.

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Learned Government Advocate (Criminal side) submitted that, 1^st

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respondent has not given any instruction to the 2^nd respondent for freezing the petitioner's account. 2^nd respondent freezed petitioner's account on his own.

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Learned counsel for the 2^nd respondent seeks time to file counter.

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Learned counsel for the petitioner strongly opposed the

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adjournment sought by the 2^nd respondent for filing counter, for the reason

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.3475 of 2023

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that, for the past three hearings, 2^nd respondent got adjournment for filing counter, but counter is not filed so far.

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In the circumstances stated by the learned counsel for the

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petitioner, this Court is not inclined to grant time to 2^nd respondent to file counter.

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In view of the submissions of the learned counsel for the petitioner and Government Advocate (Criminal side), this Court finds that order for freezing of the petitioner's account was not issued by the 1^st respondent,, but 2^nd respondent on his own had frozen the account of the petitioner. Under what authority, 2^nd respondent had frozen the account of the petitioner is not known. Therefore, freezing of the petitioner's account by State bank of India (Nallur Branch) bearing Account no.67097353547 in Crime No.11 of 2022 is set aside and the 2^nd respondent is directed to defreeze petitioner's Account no.67097353547 and permit the petitioner to operate his account immediately.

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.3475 of 2023

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With the above directions, this Criminal Original Petition is

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allowed.

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22.06.2023

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Index: Yes/No Internet: Yes/No Speaking/Non speaking order gd

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.3475 of 2023

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1.The State represented by its Inspector of Police, Central Crime Branch Police Station, Tiruppur City, Tiruppur District.

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2.The Branch Manager, State Bank of India, Branch Code – 12788, Nallur Branch, Tiruppur.

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3.The Public Prosecutor, High Court, Madras.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.3475 of 2023

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G.CHANDRASEKHARAN, J.

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Crl.O.P.No.3475 of 2023

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22.06.2023

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Page 6 of 6

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https://www.mhc.tn.gov.in/judis

Jothi v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Jothi v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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