MUKESH GAUR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Criminal Miscellaneous Application under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the applicants invoking the inherent jurisdiction of this Court for quashing of the order/direction issued by the Branch Manager of Punjab National Bank, whereby the bank accounts of the applicants were placed under debit freeze and their operation was restrained. The applicants further seek consequential relief for de-freezing of the said bank accounts and restoration of their normal operation, contending that the impugned bank action is arbitrary, illegal and without authority of law.

(2.) The application arises out of proceedings connected with FIR No. 462 of 2022, registered at Police Station Jwalapur, District Haridwar, in which a charge-sheet has already been submitted and the matter is presently pending trial. The applicants assert that despite completion of investigation and pendency of the case before the competent court, the bank accounts continue to remain frozen on the basis of communications acted upon by the Branch Manager, causing serious financial hardship to them. It is in this backdrop that the applicants have approached this Court seeking exercise of jurisdiction under Sec. 528 BNSS.

(3.) The facts, in brief, as borne out from the record, are that FIR No.462 of 2022 was lodged at Police Station Jwalapur, Haridwar, on the complaint of one Vinod Kumar Goswami, alleging commission of offences relating to cheating, criminal breach of trust, criminal conspiracy and other allied offences in connection with certain financial and property transactions. During the course of investigation, the Investigating Officer addressed communications to Punjab National Bank requesting that certain savings bank accounts standing in the names of the applicants be placed under debit freeze, on the ground that the funds deposited therein were alleged to be connected with the transactions forming the subject matter of the FIR.