Sahira Banu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Sahira Banu ... Petitioner in both petitions Vs
1. The Inspector of Police, DD-1, Howrah DD, Criminal Investigation Department, West Bengal.
2. The Senior Manager, Axis Bank, Ambasamudhram Branch, Tirunelveli.
3. Dish TV India Ltd., Rep by Company Secretary, FC 19, Sector 16 A, Film City Noida - 201301(U.P.).
... Respondents in WP(MD) No.16569 of 2023
1. The Inspector of Police, Devaraj Raje, Police Inspector, Cyber Police Station, Nashik City, 1/6
Maharastra.
2. The Senior Manager, Axis Bank, Ambasamudhram Branch, Tirunelveli.
3. Dish TV India Ltd., Rep by Company Secretary, FC 19, Sector 16 A, Film City Noida - 201301(U.P.).
... Respondents in WP(MD) No.26915 of 2023 COMMON PRAYER: Writ Petitions, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, to direct the 1st respondent to defreeze the account no. 918020069800629 kept with the Axis Bank, Ambasamudhram Branch, Tirunelveli within the time frame fixed by this Court.
In both petitions:
For Petitioner : Mr.R.Senthil Kumar For Respondent : Mr.B.Thanga Aravindh (R1) Government Advocate (Crl.Side) Mr.Pethu Rajesh (R2) 2/6
COMMON ORDER These Writ Petitions have been filed for issue of writ of mandamus directing the respondents to de-freeze the account maintained by the petitioner in the respondent bank.
2.After notice was ordered by this Court, a communication has been received from the Inspector of Police, DD-1, Howrah DD, West Bengal. The relevant portion is extracted hereunder: "In reference to the above, I would like to inform you that, for the sake of investigation, one bank account having A/c.No.01802009800629 in respect of account holder Shahira Banu was freezed. During investigation of this case I.O Inspector Partha Sarathi Halder, the then DDI, Howrah DD, CID West Bengal sent notice u/s.91 Cr.P.C to respective Nodal Officer / Vigilance Officer of Axis Bank on 20/12/2018 to freeze the said account wherein the case was charge sheeted and further investigation is kept open under purview of Section 3/6
173(8) Cr.P.C. Now, in course of further investigation the account are no longer required to be freezed. Your letter and notice u/s.91 Cr.P.C annexed herewith for your ready reference. Hence, it is requested to defreeze the Account No. 918020069800629 after verification made thereon in c/w above noted case."
3.In view of the above, it is clear that the first respondent no longer requires the bank account of the petitioner to be freezed. Hence, if the bank account of the petitioner has not already been de-freezed by the 2nd respondent, the same shall be de-freezed forthwith. 4.With the above directions, these writ petitions stand disposed of. 28.11.2024 Internet :Yes Index :Yes/No NCC :Yes/No PNM 4/6
To
1. The Inspector of Police, DD-1, Howrah DD, Criminal Investigation Department, West Bengal.
2. The Inspector of Police, Devaraj Raje, Police Inspector, Cyber Police Station, Nashik City, Maharastra.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
N.ANAND VENKATESH, J.
PNM ORDER IN 28.11.2024 6/6