Allowed

Shipra Mukherjee v. the Branch Manager, Axis Bank Ltd. W.B

Orissa HC19 Jun 2024WP(C)/13052/2024

Case brief

AI extract

What is this about?

In this writ petition, the High Court of Orissa directed police authorities to secure letters from the bank to unfreeze the petitioner's frozen bank account because her name was not included in the relevant FIRs, though investigation relatives were under inquiry.

What did the court decide?

Directed police authorities to take steps to write to the concerned bank to defreeze the petitioner's bank account.

Shipra Mukherjee Vs the Branch Manager… — Constitutional and Fundamental Rights | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 13052 of 2024

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Shipra Mukherjee

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..…... Petitioner Mr. J.K. Mahapatra, Adv.

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-versus-

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The Branch Manager, AXIS Bank Ltd. & Ors.

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……. Opposite Parties

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Mr. Rajeet Roy, Adv. (for O.P.1)

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

ORDER

19.06.2024

Order No.

This matter is taken up through hybrid arrangement.

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Heard learned counsel for the parties.

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In filing this Writ Petition, the Petitioner has sought for a direction from this Court to the Opposite Party No.1/Bank authority for de-freezing his Bank account bearing A/c. No.917010064309703/Annexure-4, which has been freezed in connection with Model P.S. Nalco Case no.135 dated 06.07.2021, Model P.S. Nalco Case No.180 dated 08.09.2021, Model P.S. Nalco Case No.181 dated 08.09.2021, Model P.S. Nalco Case No.184 dated 09.09.2021, Model P.S. Nalco Case No.224 dated Signature Not Verified Digitally SignedSigned by: LITARAM MURMU 23.10.2021 and Angul P.S. Case No.329 dated 26.06.2021 and Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 19-Jun-2024 18:07:05 Vik ra mpur P.S. Case No.250 dated 25.09.2021.

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Digitally SignedSigned by: LITARAM MURMU Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 19-Jun-2024 18:07:05 Vik

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Learned counsel for the Petitioner submits that the Petitioner is not involved in any of the cases referred to hereinabove. It is a fact that some of the relatives of the Petitioner are under investigation in the aforesaid cases. Hence, freezing of the above noted account of the Petitioner is illegal.

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Learned counsel for the State submits that the name of the Petitioner does not find place in the F.I.R. However, the investigation is in progress. Since the investigation is not completed, de-freezing of the above noted bank account of the Petitioner will prejudicially affect the investigation process.

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Having heard the learned counsel for the parties, this Court is of the view that since the name of the Petitioner does not find place in the F.I.R, freezing of the Petitioner’s account is quite improper. Hence, the I.I.C Model Police Station NALCO, the I.I.C, Angul Police Station, Angul and the I.I.C. Vikrampur Police Station are directed to take steps by writing letters to the authorities of the concerned Bank to defreeze the above noted bank account of the present Petitioner.

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It is also made clear that if the name of the Petitioner is found to be involved in the present case, the I.O. can again request the

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Signature Not Verifiedconcerned Bank authorities for freezing the above noted bank

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 19-Jun-2024 18:07:05

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account of the Petitioner.

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Murmu

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This Writ Petition is, accordingly, disposed of.

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( Dr. S.K. Panigrahi)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 19-Jun-2024 18:07:05

Shipra Mukherjee v. the Branch Manager, Axis Bank Ltd. W.B

Case brief

What is this about?

What did the court decide?

Shipra Mukherjee v. the Branch Manager, Axis Bank Ltd. W.B

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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