Calcutta High CourtCRR/1878/2025dismissed

Vijay Kumar Bhat v. State Of West Bengal And ORS.

2025-09-10Hon'Ble Justice Debangsu Basak2 pages

SL-90 10.09.2025 ( Dd ) CRR/1878/2025 VIJAY KUMAR BHAT VS THE STATE OF WEST BENGAL AND ORS.

IA NO: CRAN/1/2025 Mr. Navanil De, Mr. Sayak Ranjan Ganguly, Ms. Srijani Ghosh, Ms. Indrani Majumder, Advocate .... ....for the Petitioner

1. IA NO: CRAN/1/2025 is an application for condonation of delay.

2. For the ends of justice causes shown in the application for condonation of delay are accepted as sufficient. Delay in making and filing the application is condoned. CRAN 1 of 2025 is allowed.

3. Revisional application is directed against an order dated October 3, 2024 passed by the learned Additional Chief Judicial Magistrate, Hooghly in connection with GR Case No. 2734 of 2024 arising out of Serampore Police Station Case No. 502 of 2024 dated September 1, 2024.

4. Learned advocate appearing for the petitioner submits that the petitioner is a victim of a fraud. Petitioner put in Rs.33 lakh in an investment company. Petitioner withdrew a portion of such amount. However, when the complaint was said to be withdrawn, the petitioner found that the account stood frozen by police in respect of a criminal case. Petitioner approached the jurisdictional Court and obtained an order for refund of the money. After the petitioner obtained such order, petitioner found that the account stands frozen in respect of the present police case.

5. The title to the money lying in the bank account is yet to be established before a regular civil Court. The order that the petitioner seeks to rely upon is passed by a criminal

Court, who, with the deepest of respect, does not possess the jurisdiction to decide title to money of that account.

6. Apparently the account was used as a vehicle for committing the fraud. It is only on the entitlement of the money in the Bank of such account is decided by a civil Court, that the rightful claimant may be allowed to operate the bank account.

7. In such circumstances, I find no material irregularity in the order impugned.

8. CRR/1878/2025 is accordingly dismissed.

(Debangsu Basak, J.)