LAWS(MAD)-2019-6-7

B.KAVITHA Vs. INSPECTOR OF POLICE

Decided On June 11, 2019
B.Kavitha Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) This petition has been filed seeking for a direction to the 1st respondent to defreeze the Petitioner's Bank Accounts maintained in the 2nd and 3rd respondent Banks.

(2.) It is seen from records that based on a Complaint given before the 1st respondent, the same was taken on file in CSR No. K4-449/2019 dated 31.05.2019. Thereafter, even without registration of an FIR, the 1st respondent has proceeded to give instructions to the 2nd and 3rd respondent Banks to freeze the bank accounts of the petitioner. The 2nd and 3rd respondents freezed bank accounts of the petitioner and informed the same to the petitioner by their letters dated 03.06.2019 and 10.06.2019 respectively. Aggrieved by the same, the present Criminal Original Petition has been filed seeking for defreezing the bank accounts on the ground that the entire action taken by the 1st respondent is illegal and opposed to the provisions of the Code of Criminal Procedure.

(3.) The learned counsel for the petitioner submitted that the petitioner was not even aware as to who has given the complaint and all of a sudden she was informed by the 2nd and 3rd respondent banks that her bank accounts has been freezed. The learned counsel further submitted that the bank accounts has been frozen without there being any FIR registered, and therefore, the same is illegal and requires the interference of this Court. The learned counsel further submitted that the petitioner had taken loan and she is repaying back the loan only from the said bank accounts and therefore the petitioner has been put to untold hardship by the illegal action of the 1st respondent.