SHAUKATALI YAKUB KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE made returnable forthwith, by consent of parties. Mr.Y.M.Nakhawa, the learned Addl. Public Prosecutor for the State, waives service. Heard the learned counsel for the parties.

(2.) THE petitioner applied to the trial Court for re-opening his Savings Bank account no.01/020203 with Corporation Bank, Fort Branch, Mumbai, which account has been freezed by the police. This application of the petitioner bearing no.72/N/2008 in C.C.No.361/PW/2008 has been rejected by the A.C.M.M. 3rd Court, I/C. 37th Court, Esplanade, Mumbai, by order dated 7.5.2008. THE petitioner has, therefore, filed the present Petition, inter alia, challenging the said order dated 7.5.2008.

(3.) IN the meanwhile, it appears that the police have frozen the aforesaid Bank Account of the petitioner. It is the case of the petitioner that in his Bank account, an amount of Rs.1,88,505/- is lying. The petitioner, consequently, filed the aforesaid application in the trial Court claiming that the aforesaid amount was saved by him for educational expenses of his daughter and that this amount was immediately required for that purpose. It is further contended by the petitioner that the petitioner has already deposited an amount of Rs.45,000/- with the police which amount, according to the complainant, was paid by the complainant to the accused as per the case tried to be made out by the complainant in the F.I.R.