Avirat Spintex v. Union Of India & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3254/2025, CRL.M.A. 29656/2025 AVIRAT SPINTEX .....Petitioner Through:
Mr. Rishi Sood and Mr. Anand Mohan Mishra, Advocates.
versus UNION OF INDIA & ORS.
.....Respondents Through:
Mr. Jivesh Kr. Tiwari, CGSC for R-1.
Mr. Amol Sinha, ASC for State.
Insp. Ajay Kumar, IFSO/Spl. Cell, Delhi.
SI Raj Kumar Singh, PS-Cyber South Delhi.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 06.10.2025 1.
The present petition under Articles 226 and 227 of the Constitution of India, 1950 seeks a direction to Respondent No. 1 for closure of Complaint No. 20807240051328. The Petitioner further seeks a direction for defreezing of their current account maintained with IDBI Bank, Maninagar Branch, which was frozen pursuant to the said complaint. 2.
Mr. Amol Sinha, ASC for the State, upon instructions from Inspector Ajay Kumar, IFSO/Special Cell, Delhi, submits that the matter has been duly enquired into and that the State has no objection to the de-freezing of the Petitioner's bank account.
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3.
In this regard, Section 457 of the Code of Criminal Procedure, 19731 provides for the procedure to be followed by the police upon seizure of property. Under the said provision, the concerned Magistrate is empowered to pass appropriate orders regarding the disposal of seized property or its delivery to the person entitled to possession. 4.
Therefore, considering the no objection expressed by the State and in view of the provisions of Section 457 Cr.P.C., the Petitioner is at liberty to move an appropriate application before the concerned Chief Judicial Magistrate, Delhi seeking de-freezing of the aforesaid bank account. As and when such an application is filed, the same shall be decided by the concerned Magistrate, in accordance with law. In the event the decision is adverse to the Petitioner, they shall be at liberty to pursue legal remedies as available under law.
5.
With the above directions, the petition is disposed of along with the pending application(s).
SANJEEV NARULA, J OCTOBER 6, 2025 nk 1 "Cr.P.C."
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2025 at 12:50:07