Vedachalam v. The Regional Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.14206 of 2024 and W.M.P(MD)No.12464 of 2024 Vedachalam
...Petitioner
Vs.
1.The Regional Director, Reserve Bank of India, Chennai - 1.
2.The Branch Manager, Pattukottai Branch, City Union Bank Ltd., No.80, Ground Floor, Thalayari Street, Pattukottai 614 601, Thanhavur District.
3.The Superintendent of Police, Economic Offences Wing, Thanajvur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent in his proceedings Nil., dated 13.02.2024 quash the same and consequently, direction may be issued to the respondents to de-freeze the petitioner pension bank account in A/c.No.037001000186186 with the second respondent bank.
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For Petitioner : Mr.T.Augustine Ebenezer For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R3.
: Mr.P.Madhan Alexandar, for R2.
: No Appearance, for R1.
ORDER
The Writ Petition is directed against the impugned order passed by the second respondent in his proceedings Nil., dated 13.02.2024 and consequently, direction may be issued to the respondents to de-freeze the petitioner pension bank account in A/c.No.037001000186186 with the second respondent bank.
2. It is not in dispute that the petitioner is the 9th accused in Crime No.211 of 2019 registered on the file of the Inspector of Police, Kumbakonam West Police, Thanjvur District for the offence under Sections 406, 420 and 120(B) of IPC and Section 5 of TNPID Act.
3. It is not in dispute that the third respondent has sent a letter to the second respondent to freeze the pension account of the petitioner in 2/5
Bank Account No.037001000186186 and on that basis, the bank authority has freezed that account.
4.It is evident from the letter, dated 13.02.2024 sent by the second respondent bank to the petitioner informing that the account was freezed, based on the instructions from the third respondent vide their letter, dated 13.12.2023.
5. At this juncture, the learned Additional Public Prosecutor would submit that they have no objections to defreeze the pension account, since the amount available in that account is only the pension amount of the petitioner.
6. Recording the submission made by the learned Additional Public Prosecutor, the second respondent is directed to defreeze the pension account of the petitioner and the petitioner is directed to take the pension amount from his bank account available with the second respondent.
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7. With the above direction, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 09.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To 1.The Regional Director, Reserve Bank of India, Chennai - 1.
2.The Branch Manager, Pattukottai Branch, City Union Bank Ltd., No.80, Ground Floor, Thalayari Street, Pattukottai 614 601, Thanhavur District.
3.The Superintendent of Police, Economic Offences Wing, Thanajvur.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J das Order made in W.P.(MD)No.14206 of 2024 and W.M.P(MD)No.12464 of 2024 Dated : 09.09.2024 5/5