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2015 DIGILAW 251 (HP)

Ashok Kumar v. State of H. P.

2015-03-27

P.S.RANA

body2015
ORDER P.S.Rana, Judge. Present petition is filed under Section 482 of the Code of Criminal Procedure 1973 directing respondent to permit petitioner for operation of bank account No.10621000000715 situated in Punjab and Sindh Bank 1 Whether reporters of Local Papers may be allowed to see the judgment?yes. Una HP. It is pleaded that petitioner went to the bank for operating his account he was told by the official of Punjab and Sindh Bank that the operation of his account No. 10621000000715 has been stopped by the police of Una HP. It is pleaded that thereafter petitioner went to the Superintendent of Police Una HP and police did not give any satisfactory reply to the petitioner. It is further pleaded that criminal complaint was filed by Sh Mukesh Singh son of Ramnik Singh to the Superintendent of Police Una HP that at the instance of the petitioner Ashok Kumar complainant Mukesh Singh raised a loan from the bank to purchase tourist bus and transferred Rs.11.25 lacs in the account No. 10621000000715 owned by Ashok Kumar but thereafter Ashok Kumar did not contact Mukesh Singh nor returned the money. The allegations against the petitioner is that petitioner had cheated the complainant namely Mukesh Singh to the tune of Rs.11.25 lacs. It is pleaded that police has no authority to stop the operation of the bank account of the petitioner. Prayer for acceptance of the petition sought. 2. Per contra reply filed on behalf of the respondent pleaded therein that Mukesh Singh son of Sh Ramnik Singh resident of VPO Panjabar Tehsil and District Una HP filed a complaint on dated 2.12.2014 and the same was forwarded by Additional Superintendent of Police Una HP to Station House Officer Sadar Una HP for necessary action. It is pleaded that complainant specifically alleged that petitioner had cheated complainant by way of practicing deception and allured the complainant to deposit Rs.11.25 lacs in account No. 10621000000715 of Punjab and Sindh Bank branch at Una HP owned by Ashok Kumar. It is pleaded that there was prima facie evidence that amount of Rs.11.25 lacs regarding which cheating was alleged to be committed was transferred from account No. 2914000300751200 of complainant to account No.10621000000715 of the petitioner. It is pleaded that there was prima facie evidence that amount of Rs.11.25 lacs regarding which cheating was alleged to be committed was transferred from account No. 2914000300751200 of complainant to account No.10621000000715 of the petitioner. It is pleaded that there was apprehension that petitioner would withdraw the amount regarding which cheating was alleged to be committed and thereafter the account of the petitioner was seized as per the provision of the Code of Criminal Procedure 1973. It is pleaded that complaint was under preliminary enquiry. It is pleaded that efforts were made to trace the petitioner but petitioner could not be traced. It is pleaded that thereafter on dated 16.1.2015 complainant filed complaint before learned Judicial Magistrate Ist Class Una HP which was sent to Police Station Una HP under Section 156(3) Cr.PC for investigation of the case and thereafter FIR No. 22 of 2015 under Sections 420, 406, 506 and 34 IPC was registered at Police Station Una HP on dated 23.01.2015. It is pleaded that during investigation it was observed that an amount of Rs.11.25 lacs was transferred from account No. 2914000300751200 PNB Branch Panjabar Una HP of the complainant to account No. 10621000000715 Punjab & Sindh Bank Branch at Una HP of the petitioner. It is pleaded that investigation of the case is still at the initial stage. Prayer for dismissal of petition sought. 3. Court heard learned Advocate appearing on behalf of the petitioner and learned Assistant Advocate General appearing on behalf of the respondent and also perused entire records carefully. 4. Following points arise for determination in the present petition: (1) Whether petition filed by the petitioner is liable to be accepted as mentioned in memorandum of grounds of petition?. (2) Final Order. Finding upon Point No.1. 5. Submission of learned Advocate appearing on behalf of the petitioner that subject matter of case property was Rs.11.25 lacs as per complaint and entire amount deposited in account No. 10621000000715 of the petitioner could not be seized by the respondent is partly answered in yes and partly answered in no. It is prima facie proved on record that complaint was filed by the complainant before District Superintendent of Police and thereafter Additional Superintendent of Police directed Station House Officer Police Station Una HP for necessary action. It is proved on record that thereafter on dated 12.12.2014 as per order of Addl. It is prima facie proved on record that complaint was filed by the complainant before District Superintendent of Police and thereafter Additional Superintendent of Police directed Station House Officer Police Station Una HP for necessary action. It is proved on record that thereafter on dated 12.12.2014 as per order of Addl. Superintendent of Police and Station House Officer account No. 10621000000715 of the petitioner in Punjab and Sindh Bank was seized under section 102 of the Code of Criminal Procedure 1973. Even letter dated 12.12.2014 was issued by Punjab and Sindh Bank to petitioner Ashok Kumar regarding seizure of bank account. As per Section 102 of the Code of Criminal Procedure 1973 any police officer may seize any property which may be alleged or suspected to have been stolen property or which may be found under circumstances which create suspicion of the commission of any offence. As per Section 102(2) if the Seizing Officer is subordinate to the officer in charge of a police station he shall forthwith report the seizure to the officer in charge of police station. As per section 102(3) every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction. See 1999 (7) SCC 685 titled State of Maharastra Vs. Tapas D.Neogy. Also see 2008 Cri.L.J 148 titled Dr. Shashikant D. Karnik Vs. State of Maharashtra. Court is of the opinion that case property is Rs.11.25 lacs. Court is also of the opinion that only an amount to the tune of Rs.11.25 lacs could be seized. Court is of the opinion that any amount seized exceeding case property was contrary to law. 6. Submission of learned Assistant Advocate General appearing on behalf of the respondent that under Section 102 Cr.PC Investigating Officer can seize the entire account is rejected being devoid of any force for the reason hereinafter mentioned. It is held that Investigating Officer is not competent to seize the bank account exceeding the case property and admittedly in the present case the case property is Rs.11.25 lacs. It is held that seizing order exceeding Rs.11.25 lacs from account No.10621000000715 of petitioner from Punjab and Sindh Bank Branch at Una HP is contrary to law. Hence point No.1 is partly answered in yes and partly answered in no. Final Order. 7. In view of the above stated facts petition is partly allowed. It is held that seizing order exceeding Rs.11.25 lacs from account No.10621000000715 of petitioner from Punjab and Sindh Bank Branch at Una HP is contrary to law. Hence point No.1 is partly answered in yes and partly answered in no. Final Order. 7. In view of the above stated facts petition is partly allowed. It is held that only an amount to the tune of Rs.11.25 lacs in account No. 10621000000715 of the petitioner in Punjab and Sindh Bank Branch at Una HP will be seized under section 102 of the Code of Criminal Procedure 1973 in FIR No.22 of 2015 dated 23.01.2015 registered under Sections 420/406/506/34 IPC. It is further held that petitioner will be legally entitled to operate his account No. 10621000000715 exceeding Rs.11.25 lacs. Observation made hereinabove is strictly for the purpose of deciding the present petition and shall not effect merits of the case in any manner. Petition is disposed of. All pending application(s) if any are also disposed of.