Disposed¶25

Nutan Kumar Ray Mohapatra v. State of Odisha

Orissa HC3 Sept 2024WP(C)/21607/2024

Case brief

AI extract

What is this about?

Bank account freeze; defreezing of savings account; ICICI Bank Bhubaneswar; seized cheques; hand loan from accused; Chandrakant Rout; G.R. Case No.2435 of 2022; Ainthapalli P.S. Case No.359 dated 17.06.2022; Sections 408/468/417 IPC; S.D.J.M Sambalpur; Criminal Misc. No. 197/2024; W.P.(C) No.21607 of 2024; partial defreeze; permission to withdraw balance; retention of cheque value Rs.5,00,000/-.

What did the court decide?

Partial defreezing: Branch Manager, ICICI Bank (Opposite Party No.2) to retain only the cheque value of Rs.5,00,000/- and permit the Petitioner to withdraw the remaining amount from the said account; writ petition disposed of accordingly. ¶25

Nutan Kumar Ray Mohapatra Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.21607 of 2024

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Nutan Kumar Ray …. Petitioner(s) Mr. Avijit Patnaik, Adv.

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-versus-

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State of Odisha & Anr. …. Opposite Parties Mr. Debasis Mohapatra, ASC

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI ORDER

Order

No.

03.09.2024

1 . This matter is taken up through hybrid arrangement.

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2 . In filing this Writ Petition, the Petitioner has challenged the order dated 01.08.2024 passed by the learned S.D.J.M, Sambalpur in Criminal Misc. No. 197/2024 arising out of G.R. Case No.2435 of 2022.

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Apart from the above challenge, the Petitioner has also sought for a direction from this Court to the Opposite Parties for defreezing her savings bank account bearing No.242405001350 maintained in the ICICI Bank, Bhubaneswar.

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3. Learned counsel for the Petitioner submits that in order to

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meet his financial requirement the Petitioner had availed a hand loan from the accused Chandrakant Rout. He further submits that at the time of availing the said hand loan the Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 04-Sep-2024 17:14:30

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Petitioner had given him two cheques.

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4. He also contends that when the accused Chandrakant Rout

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was arrested in connection with G.R. Case No.2435/2022

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Page 1 of 2

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arising out of Ainthapalli P.S. Case No.359 dated 17.06.2022 for commission of offence under Sections 408/468/417 of the I.P.C, the said two cheques at the instance of the Petitioner were seized from him. Hence, on the instruction of the authority concerned, the above noted Savings Bank Account of the Petitioner has been freezed.

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5. In the process, learned counsel for the Petitioner submits that due to such action of the authorities, the Petitioner being a businessman is unable to operate his above noted Savings Bank Account.

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6 . Considering the submission made on behalf of the Petitioner and looking to the factual scenario of the case, this Court directs the Branch Manager, ICICI Bank/Opposite Party No.2 to keep only the Cheques value of Rs.5,00,000/- (Rupees Five lakh only) and permit the Petitioner to withdraw the rest of the amount from the said account.

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7. This Writ Petition is, accordingly, disposed of.

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(Dr. S.K. Panigrahi) Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 04-Sep-2024 17:14:30

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Page 2 of 2

Nutan Kumar Ray Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Nutan Kumar Ray Mohapatra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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