Partly allowed

Satyabrata Hota v. State of Odisha

Orissa HC16 Dec 2021CRLMC/885/2021

Case brief

AI extract

What is this about?

In a CRLMC application under Section 482 Cr.P.C., the High Court of Orissa directed the Investigating Officer to defreeze the savings bank account of the petitioner (daughter of the accused) in a pending vigilance case, as the account had been verified. The prayer to defreeze jointly held assets was partially allowed based on counsel's submission.

What did the court decide?

Direction to defreeze the savings bank account of petitioner no.2 bearing no. 31316080309 at SBI ADB Branch, Bolangir within 15 days.

Satyabrata Hota Vs State of Odisha — Corruption | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

CRLMC No. 885 of 2021

¶3

Satyabrata Hota & Anr. … Petitioners

¶4

Mr. A.K. Pattnaik, Advocate

¶5

Versus -

¶6

State of Odisha & Anr.

¶7

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

¶8

CORAM:

¶9

JUSTICE SASHIKANTA MISHRA

¶10

ORDER_ 16.12.2021

¶11

Order No.

¶12

¶13

This matter is taken up through hybrid mode.

¶14

Heard Mr. A.K. Pattnaik, learned counsel for the petitioners and Mr. N. Maharana, learned Addl. Standing Counsel for the Vigilance.

¶15

The prayer of the petitioners in the present application filed under Section 482 Cr.P.C. is for a direction to defreeze their bank accounts that have been frozen by the Investigating Agency in connection with a vigilance case initiated against the present apposite party no.2. The petitioner no.2 is the daughter of opposite party no.2 and petitioner no.1 is her husband. The vigilance case bearing Vig. G.R. Case No. 09 of 2021 corresponding to Sambalpur P.S. Vigilance Case No 08 of 2021 is presently pending before the learned Special Judge, Vigilance, Sambalpur against opposite party no.2 for the alleged commission of offence under Sections 13(2) read with Section 13(1)(b)/12 of the Prevention of Corruption (Amendment) Act, 2018. In course of investigation, four bank accounts standing in the names of the petitioners at SBI ADB

¶16

Page 1 of 1

¶17

Branch, Bolangir were frozen at the instance of the Investigating Officer. It is submitted that the details of such accounts have been mentioned in paragraph-5 of the CRLMC petition.

¶18

It is submitted by learned counsel for the petitioner that in the meantime investigation into the case has progressed substantially and the concerned bank accounts have also been verified, therefore, there is no necessity to keep the same frozen any further.

¶19

Learned Addl. Standing Counsel for Vigilance submits that so far as the joint fixed deposits are concerned, there is an allegation that the same was created by amounts transferred from the account of the accused and therefore, it would not be proper to defreeze them, since investigation is still pending. However, in so far as savings bank account of the petitioner no.2 is concerned, it is fairly submitted by learned Addl. Standing counsel for the Vigilance that the Court may pass appropriate order.

¶20

Having regard to the submissions as above and particularly the contention that the bank accounts in question have been verified, which is not disputed by learned Addl. Standing Counsel for the Vigilance, this Court is inclined to allow the prayer to the extent of directing the concerned authorities to defreeze the savings bank account of petitioner no.2 bearing no. 31316080309 at SBI ADB Branch, Bolangir. The Investigating Officer in charge of the case shall take all necessary steps to carry out the aforesaid directions as early as possible, preferably within a period of 15 days from the date of

¶21

Page 2 of 2

¶22

this order.

¶23

CRLMC is accordingly disposed of.

¶24

Issue urgent certified copy as per rules.

¶25

A.K. Rana

¶26

( Sashikanta Mishra) Judge

¶27

Page 3 of 3

Satyabrata Hota v. State of Odisha

Case brief

What is this about?

What did the court decide?

Satyabrata Hota v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Goutam Prusty Vs State of Odisha

Dhadia Bhoi Vs State of Odisha

Parakshita Padhan Vs State of Odisha

Susanta @Sushanta Kumar Malik Vs State of Odisha

Hareram Naik Vs State of Orissa

Abinash Patel Vs State of Odisha(Vig.)