SUVARNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These Writ Petitions are directed against the impugned order dated 05.07.2017 passed by the learned Principal District and Sessions Judge, Dharwad in Crime No.137/2017 whereby the trial Court permitted the investigation officer to open an account in any nationalized bank and deposit the amount lying in 580 Demat accounts in fixed deposit initially for a period of six months subject to renewal from time to time.

(2.) It is the case of the petitioners that they are one of the account holders of the aforesaid 580 Demat account holders in respect of which a criminal case is pending and by virtue of the impugned order it is not possible for the petitioners herein either to operate the said account or withdraw the money lying in the said account and as such, petitioners seek quashing of the impugned order. During the pendency of the petitions, petitioners have filed an application IA.No.1/2020 dated 25.08.2020 under Section 151 CPC, for a direction to the respondent No.2-Deputy Superintendent of Police to release the mutual fund units belonging to the petitioners as detailed in Annexure-2 to the application and in the alternative for a direction to respondent Nos.2 and 3 not to deposit the mutual funds of the petitioners in the designated account as per the impugned order.

(3.) Learned AGA for the respondent Nos.1 to 3 submits that it is not in dispute that the petitioners are not parties to the criminal case in Crime No. 137/2017 and as such it is for the petitioners to approach the trial Court and seek his remedy by taking suitable steps in accordance with law.