Partly allowed

Abinash Patel v. State of Odisha(Vig.)

Orissa HC16 Dec 2021CRLMC/1148/2021

Case brief

AI extract

What is this about?

In this CRLMC under Section 482 Cr.P.C., the High Court ordered the investigating agency to defreeze the petitioner's Cash Credit loan account with Axis Bank within 15 days. The Court held that this specific account was not required for the investigation, distinguishing it from the current and savings accounts which remained frozen.

What did the court decide?

Directed the investigating officer to defreeze the Cash Credit Loan Account No. 920030049641428 of Axis Bank, Jharsuguda within 15 days.

Abinash Patel Vs State of Odisha(Vig.) — Civil Procedure and Limitation | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 1148 of 2021

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Abinash Patel

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… Petitioner

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Mr. Manoj Kumar Mohanty,

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Advocate

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Versus -

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State of Odisha (Vigilance)

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… Opposite Party Mr. N. Maharana, Addl. Standing Counsel for Vigilance.

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

16.12.2021

Order No.

This matter is taken up through hybrid mode.

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Heard Mr. M.K. Mohanty, learned counsel for the petitioner and Mr. N. Maharana, learned Addl. Standing Counsel for the Vigilance.

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In the present application filed under Section 482 Cr.P.C., the petitioner has prayed for a direction to defreeze the bank accounts frozen at the instance of the investigating agency.

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The facts of the case are that the petitioner is facing trial in a vigilance case being Vig. G.R. Case No. 17 of 2020, pending in the Court learned Special Judge (Vigilance), Sambalpur corresponding to Vigilance P.S. Case No. 23 of 2020 for the alleged commission of offence under Sections 13(2) red with Section 13(1)(b)/12 of Prevention of Corruption (Amendment) Act, 2018.

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It is submitted that in course of investigation, three bank accounts were frozen at the instance of the investigating agency. The details of which are as follows:

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(1) CC Loan Account No. 920030049641428 of the Axis

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Page 1 of 1

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Bank of Jharsuguda,

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(2) C.A. No. 920020035617265 in Axis Bank, Jharsuguda (3) S.B. Account No.046801524359 of ICICI Bank, Brajarajnagar

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It is submitted by Mr. Mohanty that because of the freezing of the bank accounts the petitioner has been put to unnecessary inconvenience and serious financial difficulties. It is further submitted that the cash credit loan account of the Axis Bank at Jharsuguda is essentially required for carrying out the petrol pump business of the petitioner and unless the same is released, it will greatly affect the petitioner’s earnings.

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Learned Addl. Standing Counsel for the Vigilance on the other hand has submitted that in so far as the Current Account and SB Accounts, are concerned, the same are required to be freezed since the investigation is in progress. However, he fairly submits that in so far as the Cash Credit loan account is concerned, the Court may pass appropriate order.

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Having regard to the submissions as above and considering the fact that Cash Credit loan account may not be required for investigation, this Court is inclined to allow the prayer only to the extent of directing the investigating officer to take all necessary steps to defreeze the Cash Credit Loan account No. 920030049641428 relating to Axis Bank, Jharsuguda within a period of 15 days from the date of this order.

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CRLMC is accordingly disposed of.

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Issue urgent certified copy as per rules.

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( Sashikanta Mishra) Judge

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A.K. Rana

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Abinash Patel v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

Abinash Patel v. State of Odisha(Vig.)

Case brief

What is this about?

What did the court decide?

What the court decided

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