V.Senguttuvan v. The Branch Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.29358 of 2024 and W.M.P.No.32006 of 2024 V.Senguttuvan ... Petitioner Vs.

1. The Branch Manager State Bank of India Manargudi Branch 236, Big Bazar Street, Mannargudi Tiruvarur- 614001

2. The State Inspector of Police Gujarat Bharuch Ankleshwar City Police Station Gujarat - 393 002

3. The State Inspector of Police Koparkhairane Police Station Maharastra Navi Mumbai Mumbai - 400 709 1/6

4. The Superintendent of Police Office of District Superintendent Thiruvarur - 614 014

5. The District collector Office of District Collector Thiruvarur - 614 014 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1 st respondent to defreeze the said account of the petitioner vide Account No.(38639082716) maintained with the st respondent bank.

For Petitioner : Mr.S.Nirmal Aditya For 1 st Respondent : Mr.Arfat Mohammed.A For Respondents 4 and 5 : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) For Respondents 2 and 3 : No Appearance

ORDER

This Writ Petition is filed to issue a Writ of Mandamus directing the 1 st respondent to defreeze the account of the petitioner vide Account No.38639082716 maintained with the 1 st respondent bank.

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2. The learned counsel for the petitioner submitted that the petitioner's bank Account No.38639082716 in the 1 st respondent/Bank has been put to debit freeze by the 1 st respondent/Bank due to the notices issued by the 2 nd and rd respondent police. The allegation is that some illegal transactions had taken place on 07.12.2023 for a sum of Rs.20,000/- and Rs.35,000/- in the petitioner's account for which complaints have been issued on different dates mentioning some transactions via online and trade related transfers. The debit freeze of the petitioner's bank account is without any material evidence. He further submitted that even according to the prosecution, only partial amount is involved in the suspected transaction and at the best, the salary amount of the petitioner has to be defreezed. Hence, the present petition is filed.

3. As per the directions of this Court dated 06.11.2024, the Branch Manager of the 1 st respondent/Bank appeared before this Court and also filed counter stating that various suspicious transactions have taken place.

4. Heard and perused the materials available on record. 3/6

5. Considering the serious nature of offence and the fact that the investigation is half way and the respondent police have not completed the investigation, this Court is not inclined to entertain this petition.

6. The concerned police is directed to expedite the investigation and file charge sheet and also a report regarding the illegal transaction/suspecious transaction that has taken place, as early as possible and within a reasonable time.

7. With the above directions, this Writ Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs. 11.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To.

1. The Superintendent of Police Office of District Superintendent Thiruvarur - 614 014

2. The District collector Office of District Collector Thiruvarur - 614 014

3. The Public Prosecutor, High Court of Madras.

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P.VELMURUGAN. J.

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