This order dismisses a criminal original petition seeking to defreeze a bank account. The court held that as the petitioner is an accused in a TANPID Act fraud case involving depositor defrauding, it is not a fit case for invoking Section 482 Cr.P.C.
Petitioner directed to approach the Special Court under TANPID Act, Madurai.
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Crl.O.P.(MD) No.16719 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.01.2024
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P (MD) No.16719 of 2023
KNR.Muruggan
...Petitioner
vs
1.The Inspector of Police, Economic Offence Wing (EOW), Trichy.
2.M/s.Indian Overseas Bank, Abishekapuram Branch, represented by its Manager, Illupur Main Road, Mannarpuram, Trichy – 620 020. ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the 1st Respondent Police to defreeze the Cash Credit Account bearing A/c.No.023602000001460 maintained with the 2nd Respondent Bank and consequently, to direct the 2nd Respondent Bank to permit the Petitioner to continue and operate the above mentioned account.
For Petitioner : Mr.S.I.Muthiah For R1 : Mr.T.Senthil Kumar Additional Public Prosecutor For R2 :Mr.N.Dilip Kumar
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Crl.O.P.(MD) No.16719 of 2023
O R D E R
The learned Counsel for the Petitioner submitted that they filed this Petition seeking to defreeze the bank account by the respondents. The petitioner claimed claimed that he is a Real Estate Contractor and that freezing of bank accounts affects his business.
2.The learned Additional Public Prosecutor vehemently objected to the submission of the learned Counsel for the Petitioner stating that the Petitioner is facing criminal case registered by the first Respondent in Cr.No.2 of 2023 in which, the Petitioner and other accused are alleged to have defrauded the depositors to the tune of Rs.89 lakhs. As per the status report filed by the first Respondent, they continue to receive complaints against the Petitioner and other accused in this case. Therefore, the learned Additional Public Prosecutor seeks to dismiss this petition. If the petitioner has any grievance, he shall approach the Special Court under TANPID Act, Madurai and seeks his remedy.
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Crl.O.P.(MD) No.16719 of 2023
of 2023 and the fact that the case had been registered under TANPID Act, it is not a fit case for issuing a direction under Section 482 of Cr.P.C. The Petitioner shall approach the Special Court under TANPID Act, Madurai or the competent authority, since the charge sheet is yet to the filed under TANPID Act for any settlement in the course of investigation.
Accordingly, this Criminal Original Petition is dismissed.
Internet:Yes./No Index:Yes/No
03.01.2024
cmr
To
The Inspector of Police, Economic Offence Wing (EOW), Trichy.
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Crl.O.P.(MD) No.16719 of 2023
SATHI KUMAR SUKUMARA KURUP, J.
cmr
CRL.O.P (MD) No.16719 of 2023
03.01.2024
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1 issue framed by the court
Whether a direction to defreeze a bank account under Section 482 Cr.P.C is appropriate when the petitioner is an accused in a TANPID Act fraud case where the charge sheet is not yet filed.
1 provisions across 1 enactments
KNR.Muruggan
The Inspector of Police, Economic Offence Wing (EOW), Trichy
M/s.Indian Overseas Bank, Abishekapuram Branch
SATHI KUMAR SUKUMARA KURUP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
