Disposed¶21

Padmanabhan Pillai v. State of Odisha

Orissa HC14 May 2025CRLMC/985/2025

Case brief

AI extract

What is this about?

Bank account freezing/de-freezing; HDFC Bank savings account No. 50100183891846; letter dated 06.02.2025 (Annexure-5 and 6); S.I. of police, Laxmisagar Police Station; Section 106 BNSS procedure; Laxmisagar P.S. Case No. 19 of 2025; C.T. Case No. 48 of 2025; JMFC-IV (Cog.) Bhubaneswar; liberty to apply to trial court; application disposed of; Orissa High Court; Savitri Ratho, J.; 14.05.2025.

What did the court decide?

Liberty granted to the petitioner to file an appropriate application before the learned JMFC-IV, Bhubaneswar for de-freezing of his account; such application, if filed, to be considered expeditiously in accordance with law after issuing notice to the I.O. and hearing the State Counsel. ¶21

Padmanabhan Pillai Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the letter dated 06.02.2025 (Annexure-5 and 6) freezing the petitioner's bank account, and the action of Opp. Party Nos. 4 and 5, are without authority of law and liable to be quashed being non-est in the eye of law.

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Court's answer

The petitioner had not approached the learned Court below for de-freezing of his account.

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Ratio / Principle

Accordingly, the application is disposed of, granting liberty to the petitioner to file an appropriate application before the learned JMFC-IV, Bhubaneswar.

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Key takeaways

If such application is filed, it shall be considered in accordance with law expeditiously, but after issuing notice to the I.O. and hearing the State Counsel.ratio¶22

Detailed headnote1 paragraphs

Orissa High Court at Cuttack (Hon'ble Miss Justice Savitri Ratho), Order No. 05 dated 14.05.2025 in CRLMC No. 985 of 2025 — Padmanabhan Pillai v. State of Odisha and Others. The petitioner sought quashing of the letter dated 06.02.2025 (Annexure-5 and 6) whereby his HDFC Bank savings account No. 50100183891846 (Madhusudan Nagar Branch, Bhubaneswar) was frozen at the instance of the S.I. of police, Laxmisagar Police Station, in connection with Laxmisagar P.S. Case No. 19 of 2025 corresponding to C.T. Case No. 48 of 2025 pending before the learned JMFC-IV (Cog.), Bhubaneswar; counsel contended the freeze was effected without following the procedure under Section 106 of BNSS. Observing that the petitioner had not approached the learned Court below for de-freezing his account, the Court disposed of the application granting liberty to file an appropriate application before the learned JMFC-IV, Bhubaneswar, to be considered expeditiously in accordance with law after issuing notice to the I.O. and hearing the State Counsel.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 985 of 2025

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Padmanabhan Pillai

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….. Petitioner Mr. J. Pal, Advocate

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-versus-

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State of Odisha and Others

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….. Opp. Parties Ms. S. Moharana, A.S.C. Mr. Abhijit Mohanty, Advocate on behalf of Mr. Ranjeet Roy, Advocate(for O.P. No.5)

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CORAM:

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HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

14.05.2025

Order No. 05.

(Through hybrid mode)

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This application has been filed for quashing the letter dated 06.02.2025 under Annexure-5 and 6 by which the bank account of

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the petitioner had been frozen and further be pleased to hold that the action of the Opp. Party No. 4 & 5 are without authority of law and as such liable to be quashed being non-est in the eye of law. It arises out of Laxmisagar P.S. Case No. 19 of 2025 corresponding to C.T. Case No. 48 of 2025 pending in the Court of the learned JMFC-IV (Cog.), Bhubaneswar.

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It appears that vide letter dated 06.02.2025 (Annexure-5), the S.I. of police, Laxmisagar Police Station has requested the Branch

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Manager, Madhusudan Nagar Branch, HDFC Bank Limited, Bhubaneswar to freeze bank account bearing No. 50100183891846

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Page 1 of 2

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of Mr. Padmanabhan Pillai and pursuant to such request on 06.02.2025 the Madhusudan Nagar Branch, HDFC Bank Limited has informed the petitioner that the savings bank account No. 50100183891846 has been frozen until further instructions or legal procedures are completed.

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Mr. J. Lal, learned counsel for the petitioner that this bank account has been frozen without following the procedure under Section 106 of BNSS. He further submits that the petitioner is facing difficulty for meeting his day to day expenses as this account and another account of the petitioner have been frozen.

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But it appears that he has not approached the learned Court below for de-freezing his account. Hence, this application is disposed of granting liberty to the petitioner to file apropriate application before the learned JMFC-IV, Bhubaneswar.

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If the same is filed, it shall be considered in accordance with law expeditiously, but after issuing notice to the I.O. and hearing the State Counsel.

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(Savitri Ratho) Judge

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Subhalaxmi Signature Not Verified

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Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-May-2025 12:35:18

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Padmanabhan Pillai v. State of Odisha

Case brief

What is this about?

What did the court decide?

Padmanabhan Pillai 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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