SAMRAT SINHA Vs. STATE POLICE CHIEF POLICE HEADQUARTERS

JUDGEMENT

(1.) Petitioner is aggrieved by a communication dtd. 29/12/2022 issued by the Cyber Crime Police Station directing freezing of his account maintained by the petitioner with the Ratnakar Bank Ltd.

(2.) Petitioner claims to be doing business in trading of shares and crypto currency. Alleging that one Muhammed Sahil was cheated by an accused who fraudulently collected Rs.1,50,500.00, a notice was issued under Sec. 91 of the Code of Criminal Procedure, 1973 to the petitioner's bank directing freezing of his bank account. The notice alleged that the amount so fraudulently collected by the accused was seen transferred to the account of the petitioner maintained with the Ratnakar Bank Ltd. and deposited into Account No.407002482275 through transaction ID No.233119540539.

(3.) Petitioner contends that there is no transaction or relationship between the complainant Muhammed Sahil and the petitioner and petitioner is not even an accused in the crime and further that no procedure under Sec. 102 of the Code of Criminal Procedure, 1973 was complied with by the Investigating Officer before directing freezing of his account.