BABASAHEB POUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of the parties, taken up for hearing forthwith.

(2.) This petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure takes exception to the order dated 1st September, 2021 passed by the learned Metropolitan Magistrate, 8th Court, Esplanade, Mumbai denying the right of audience to the complainant-petitioner, in an application moved by the respondent no.2-accused seeking defreezing of her Mutual Fund Folios and Demat Account in Case No.326/PW/2017. Grievance is that, by impugned order dated 1st September, 2021, the learned Magistrate not only deprived the complainant, of her right to be heard, but also subjected her to cost, without any powers therefor in the Code of Criminal Procedure.

(3.) Facts essential for the decision of this petition are as under :