The High Court held that freezing the petitioner's bank account was improper as his name did not appear in any FIR. Directing police to notify the bank to de-freeze the account, subject to re-freezing if his involvement is subsequently found.
I.I.C Model Police Station NALCO and I.I.C, Angul Police Station directed to de-freeze the petitioner's bank account.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.7146 of 2024
Rovin Gupta …. Petitioner(s)
Mr. Janaki Kanta Mahapatra, Adv.
-versus-
…. The Branch Manager, S.B.I, Opposite Party(s) Agra & Ors.
Mr. Gurudatta Kar, Adv. for O.P.1 Mr. Sonak Mishra, ASC for O.Ps.2 & 3
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER No. 18.06.2024
18.06.2024
1 . This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. 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 S.B.I Agra account No.30716692836/Annexure-4, which has been freezed in connection with Model P.S. Nalco Case no.132 dated 04.07.2021, 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 N o.2 24 dated 23.10.2021 and Angul P.S. Case No.482 dated
Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 18-Jun-2024 17:10:53
Page 1 of 3
25.09.2021 corresponding to G.R. Case No.1785/2021 pending before the court of learned S.D.J.M., Talcher, District-Angul.
4. 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.
5. 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.
6. 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 and the I.I.C, Angul Police Station, Angul 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.
7. It is also made clear that if the name of the Petitioner is Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA found to be involved in the present case, the I.O. can again Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 18-Jun-2024 17:10:53 re qu est the concerned Bank authorities for freezing the above noted bank account of the Petitioner.
Page 2 of 3
8. This Writ Petition is, accordingly, disposed of.
(Dr. S.K. Panigrahi)
Judge
Ayaskanta
Signature Not Verified
Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 18-Jun-2024 17:10:53
Page 3 of 3
3 issues framed by the court
Whether the freezing of the petitioner's bank account is proper given his name does not appear in the relevant FIRs.
Whether directions should be issued to de-freeze the petitioner's bank account implicated in multiple pending cases.
Whether the investigative authorities are permitted to re-freeze the account if the petitioner's involvement is later established.
Rovin Gupta
The Branch Manager, S.B.I, Opposite Party Agra
Opposite Party 1, Model P.S. Nalco
I.I.C, Angul Police Station
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
