UDAY SINGHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition is directed against the order Annexure P-1 by which the petitioner's savings bank account has been freezed on a complaint made by one Jai Prakash Agrawal, Proprietor of Mining Industries Private Limited, Bilaspur, on 29/1/2022, whereas the first information report (FIR) against him was registered on 10/2/2022 which is unsustainable and bad in view of the provisions contained in Sec. 102 of the CrPC.

(2.) Mr. Sushobhit Singh, learned counsel appearing for the petitioner, would submit that without registration of FIR, savings bank account of the petitioner has been freezed which runs contrary to the decision rendered by the Madras High Court in the matter of Mrs. B. Kavitha v. The Inspector of Police and another,Crl.O.P.No.14824 of 2019, decided on 11/6/2019.

(3.) On the other hand, Mr. Anmol Sharma, learned Panel Lawyer appearing for the State / respondents No.1 to 3, would submit that bank account is a property within the meaning of Sec. 102 of the CrPC, therefore, remedy of the petitioner would be to file application under Sec. 457 of the CrPC.