MAHENDRA RAMANLAL GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By invoking inherent powers of this Court, the applicant namely Mahendra Gandhi has preferred this application questioning the legality and correctness of the order dtd. 7/12/2021, passed in Criminal Revision Application No.123 of 2021, passed by Additional Sessions Judge, City Sessions Court, Court No.19, Ahmedabad City, whereby the sessions court refused to grant any relief and remanded the matter to the trial court.

(2.) Pursuant to the offence registered with Cyber Crime Police Station, Ahmedabad City being C.R. No.A-11191067210077 of 2021 for the offence punishable under Ss. 406, 420, 120B of the Indian Penal Code and Ss. 66(c) and 66(d) of the Information Technology Act, the investigating agency directed the bank to keep the disputed amount as a lien and prevent the bank to do further transaction with regard to amount lying in the bank. The applicant is the victim of cyber fraud. He had transferred Rs.20.00 lacs online in the bank account no.111405005386, maintained with ICICI Bank in the name of Golden Mark Technologies Private Limited and also transferred Rs.15.00 lacs in the bank account no.649305052463 maintained with ICICI Bank, in the name of Stylyn Tech Private Limited. The investigating agency, as a part of investigation, also find out another account maintained with ICICI Bank No.15340100136 used and maintained by the fraudster. The applicant after knowing the direction issued by the investigating agency, applied before the court concerned to release and/or disburse the said amount which he had deposited at different occasions. The learned trial court refused to grant any relief and accordingly, rejected the application observing that, the amount whatever lying in the account has not been seized by the police and therefore, Sec. 451 of Cr.P.C. will not be applicable in the facts of present case. Being aggrieved with the said order dtd. 6/7/2021, the revision application before sessions court was filed. After hearing the parties, the revisional court, remanded the matter to the trial court and directed the trial court to decide the matter afresh after hearing the concerned bank.

(3.) Aggrieved with the order of sessions court, the applicant is before this Court.