RAMESH KUMAR SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal Revision has been brought challenging the legality, propriety and correctness of the order dated 03.12.2020 passed in miscellaneous Criminal Case No.28/2020 by Special Judge (Prevention of Corruption Act), Raipur, by dismissing the prayer of the applicant to defreeze the bank account, which has been seized in Crime No.43 of 2016 by the respondent.

(2.) The facts of the case are these, that the applicant was charge-sheeted for trial in offence under Section 13(1)(e) read with 13(2) of Prevention of Corruption Act, which was registered as Criminal Case No.06/2018. After framing of charge by the Special Court, the same was challenged in Cr.R. No.352 of 2019 before this Court. This Criminal Revision was disposed off vide order dated 24.10.2019, in which the charges framed against the applicant were set aside and there was a direction to the Investigation Agency, to comply with the direction of the High Court in the order in W.P.(Cr) No.223/2018 and for obtaining a fresh sanction order. It is submitted that in fact the direction of this Court had been to re-investigate the case but no such re-investigation has been done. It is submitted that on prayer made by the applicant, some of the articles seized have been granted to the applicant on interim custody, in which the applicant has also received the passbooks of the bank accounts, which were under seizure. Even after receipt of the same, the applicant is unable to operate the bank accounts, as there is no specific direction of the Special Court for operation of the accounts. As the applicant has been discharged from the criminal case and at present there is no such case pending against him, therefore, he has entitlement to operate the bank accounts possessed by him. The learned trial Court has erroneously dismissed the prayer of the applicant for the reason that the case against the applicant is still pending after the filing of charge sheet.

(3.) Reliance has been placed on the judgment of Delhi High Court in the case of Ms. Swaran Sabharwal Vs. Commissioner of Police,1987 SCCOnLineDel 221 and on the judgment of High Court of Madras in the case between Padmini Vs. The Inspector of Police, 2008 3 CTC 657.