Samruddh Minerals And Metals Pvt. Ltd Represented By Director. Mr. Vinay Rohidas Patil v. The State Of Maharashtra Thr The Public Prosecutor

1 cr. wp 644.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 644 OF 2025 [Samruddha Minerals and Metals Pvt. Ltd., Worli, Mumbai represented by Director Mr. Vinay R. Patil and ors. vs. The State of Maharashtra through the Public Prosecutor, Office of the Public Prosecutor, Nagpur and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------ - - - Mr. S. A. Chaudhari, Advocate for the petitioners Mrs. S. S. Jachak, APP for the State/respondents no. 1 and 2 CORAM: ANIL L. PANSARE AND M. M. NERLIKAR, JJ.

DATED : 26-08-2025.

Heard.

Leave to add (1) Manager, HDFC Bank, Mumbai and

(2) Manager, SBI Bank, Mumbai is granted.

Learned Additional Public Prosecutor seeks time to file reply.

Learned counsel for the petitioners submits that there is extreme urgency because the petitioners' business has been halted. The reason being, current accounts and private accounts belonging to the petitioners have been debit freezed in a crime registered in the year 2023 vide Crime No. 498/2023 against Kalkaam Real Infra (India) Limited (for short 'Kalkaam Company') and all the Directors of the company. The argument is that none of the petitioners has any nexus with Kalkaam Company except entering into one commercial agreement in the year 2017.

Learned counsel for the petitioners has invited our attention to the notice issued by the Investigating Officer of the Economic Offences Wing, Chandrapur under Section 91 of the

2 cr. wp 644.2025 Code of Criminal Procedure, 1973 and Sections 4 and 8 of MPID Act stating therein that FIR vide Crime No. 498/2023 under Sections 420, 406, 409 read with Section 34 of the Indian Penal Code and under Section 3 of the MPID Act is registered against Kalkaam Company and that notice is issued to the Manager, HDFC Bank, Chandrapur wherein the Investigating Officer has directed the bank to debit freeze the accounts of the petitioners.

Learned counsel for the petitioners submits that the petitioners were not given any opportunity of hearing. Accordingly, he makes a request to permit the petitioners to operate two accounts.

Considering the fact that petitioners have been not heard and on the strength of the submissions made by the petitioners' counsel that petitioners have no nexus with Kalkaam Company, the purpose will be served, if by way of interim arrangement, permission is granted to operate two accounts out of the several accounts debit freezed by the Investigating Officer.

Upon this, the counsel for the petitioners submits that Account No. 00801000008146 maintained by HDFC Bank, Sandoz House, Worli, Mumbai Branch and Account No. 06371600000456 maintained by HDFC Bank, Dhule Branch may be defreezed. The aforesaid accounts stand defreezed, until further order. The transactions, that will be made, shall be, however, subject to outcome of this petition. List in the week commencing from 15-9-2025.

(M. M. NERLIKAR, J.) (ANIL L. PANSARE, J.) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 26/08/2025 18:03:08