Madras High CourtWP/26368/2021disposed of

M/S. Peeyesyem Hk Motors Llp v. The Assistant Commissioner Of Police

2022-02-24Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.26368 of 2021 and W.M.P.Nos.27837 & 27838 of 2021 M/s Peeyesyem HK Motoros LLP, Represented by its Designated Partner P.S.Mohmood Hussain, 14-B, Jagannathan Street, Nungambakkam, Chennai - 34.

... Petitioner Vs.

1. The Assistant Commissioner of Police, O/o. The Special Commissioner of Police, Section V, Economic Offences Wing Polise Station, Mandir Marg Complex, Delhi - 110 001.

2. The HDFC Bank Ltd., Represented by its Branch Manager, No.40, Nungambakkam High Road, Chennai - 34.

... Respondents PRAYER: Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ, Order of direction, specifically writ in the nature of WRIT OF CERTIORARIFIED MANDAMUS calling for the records relating to the impugned orders made in Letter No.3053/R/ACP/SEC-V/EOW dated 27.08.2021 issued by the 1st respondent and the letter dated 31.08.2021 issued by the 2nd respondent, Quash the same and consequently direct the respondents to defreeze the petitioner's CC Account No.50200026360280 with the 2nd respondent bank by considering the petitioner's representation dated 01.09.2021 and 27.09.2021. For Petitioner : Mr.N.Manoharan For R1 : Mr.K.S.Jaya Ganeshan For R2 : No Appearance

ORDER

The Writ Petition has been filed to call for the records relating to the impugned orders made in Letter No.3053/R/ACP/SEC-V/EOW dated 27.08.2021 issued by the 1st respondent and the letter dated 31.08.2021 issued by the 2nd respondent, Quash the same and consequently direct the respondents to defreeze the petitioner's CC Account No.50200026360280 with the 2nd respondent bank by considering the petitioner's representation dated 01.09.2021 and 27.09.2021.

2. When the matter is taken up today, learned counsel appearing for the first respondent would submit that during the course of investigation in F.I.R.No. 208 of 2021 dated 07.08.2021 on the file of the first respondent, the account of the petitioner with the HDFC Bank, Nungambakkam Branch, Chennai was frozen by an Impugned order made in Letter No.3053/R/ACP/SEC-V/EOW dated 27.08.2021. The investigation in respect of the account has been completed. The respondent finding that further freezing is not required, had sent instructions to the Bank on 11.02.2022 vide communication No.362/R-ACP/Section-I/EOW to defreeze the account and the account has also been defreezed.

3. Learned counsel for the petitioner also admits that the account has been defreezed and the petitioner is now permitted to operate the account.

4. In view of the above, nothing survives for adjudication and thereby, no further orders are required in this writ petition. Accordingly, the writ petition stands disposed of. Consequently, the connected miscellaneous petitions are closed. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar rgi/ham To

1. The Assistant Commissioner of Police, O/o. The Special Commissioner of Police, Section V, Economic Offences Wing Polise Station, Mandir Marg Complex, Delhi - 110 001.

2.The Branch Manager, The HDFC Bank Ltd., No.40, Nungambakkam High Road, Chennai - 34.

3. The Public Prosecutor, High Court of Madras.

+2cc to Mr.N.Manokaran, Advocate SR.No.12518 +1cc to Mr.K.S.Jeyaganeshan, Advocate SR.No.13101 W.P.No.26368 of 2021 and W.M.P.Nos.27837 & 27838 of 2021 SJ(CO) GN(21/03/2022)