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Madras High CourtWP/28796/2024dismissed

Hukum Chand v. Commissioner Of Police

2024-12-11Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Hukum Cand ... Petitioner Vs.

1. Commissioner of Police Chennai City Police, Vepery, Chennai

2. Inspector of Police C5, Kotwalchawadi Police Station Chennai - 600 079

3. The Manager Kotak Mahindra Bank Mint Street Branch, Chennai

4. The Manager Kotak Mahindra Bank Egmore Branch, Chennai

5. The Manager State Bank of India Sowcarpet Branch, Chennai ... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the respondents to consider petitioner's representation dated 21.05.2024 and consequently directing the respondents 3 to 5 to defreeze of petitioner Kotak Mahindra Bank, Mint Street Branch Account No.2246449988, Egmore Branch Bank Account No.9840807630 and State Bank of India, Sowcarpet Branch Savings Account No.20013406882. For Petitioner : Mr.V.Maharajan For Respondents 1 and 2 : Mr.S.Sugendran Additional Public Prosecutor For 3 rd Respondent : No Appearance For 4 th Respondent : Not ready in notice For 5 th Respondent : Mr.Arfat Mohammed

ORDER

This Writ Petition has been filed by the petitioner to direct the respondents to consider the petitioner's representation dated 21.05.2024 and consequently direct the respondents 3 to 5 to defreeze of petitioner's bank accounts in A/c.No.2246449988 in Kotak Mahindra Bank, Mint Street Branch, A/c. No.9840807630 in Kotak Mahindra Bank, Egmore Branch and Savings Bank A/c.No.20013406882 in State Bank of India, Sowcarpet Branch. 2/5

2. Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the respondents Police and the learned counsel appearing for the 5 th respondent and also perused the materials available on record.

3. The learned counsel for the 5 th respondent-Bank has filed counter stating that based on the request letter given by the 2 nd respondent-police, they freezed the account of the petitioner.

4. According to the petitioner, he runs only provisional store and no illegal transaction has taken place through his bank accounts. However, whether the transactions that have taken place in the bank accounts of the petitioner are legal or illegal that can be found only after filing of charge sheet. As of now, no charge sheet is filed. Hence, at this stage, this Court is not inclined to grant the relief sought for by the petitioner.

5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

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6. However, the petitioner is at liberty to approach the concerned Court after filing of the charge sheet.

11.12.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 To

1. Commissioner of Police Chennai City Police, Vepery, Chennai

2. Inspector of Police C5, Kotwalchawadi Police Station Chennai - 600 079

3. The Public Prosecutor High Court of Madras 4/5

P.VELMURUGAN. J.

Ksa-2 11.12.2024 5/5