RAMESHWAR @ BALLI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :-

(2.) It is submitted by the counsel for the petitioner that Upper Tahsildar, Tahsil and District - Datia (M.P.) by order dtd. 06/05/2013 issued a restraint order thereby directing respondent No.3 to freeze the account of the petitioner. By order dtd. 13/03/2014, the said order was withdrawn by Naib Tahsildar, Circle- Basai, Tahsil and District- Datia (M.P.) on the instruction of Collector, Datia (M.P.). Thereafter, SHO Police Station- Basai, Tahsil and District- Datia (M.P.) also directed respondent No.3 to freeze the account of the petitioner. Thereafter, by letter dtd. 03/02/2017, the SHO Police Station- Basai, Tahsil and District- Datia (M.P.) informed the Collector, District- Datia (M.P.) that supplementary charge-sheet has been filed against the petitioner in Crime No.20/2014 registered at Police Station- Basai, District- Datia (M.P.) for the offence under Ss. 420, 467, 468, 34/120-B of IPC and during investigation it was found that account No.4856 is the saving account of the petitioner and his personal amount is deposited in the said account. It was further mentioned that in Crime No.20/2014, SBI account No.4856 was not freezed/seized and no document has been filed before the trial Court in respect of amount deposited in SBI account No.4856. It appears that an enmity is going on between the petitioner and Nayakheda Samiti Manager and because of that the Samiti Prabandkhak wants to dispute bank statement of Rameshwar account No.4856 whereas the said amount has nothing to do with the bank as well as the criminal case.

(3.) Accordingly, the petitioner made an application to the General Manager, Zila Sehkari, Maryadit Branch, Basai seeking some explanation about the steps taken by the Authority. Thereafter, petitioner also represented to the Collector, District- Datia (M.P.) and Zila Sehkari, Kendriya Bank Maryadit, Datia by its letter dtd. 03/07/2018 informed the Collector that petitioner has already been acquitted by the judgment dtd. 18/01/2018 passed in S.C. No.37/2015 against which criminal appeal No.15603/2018 is pending before the High Court (Gwalior Bench). Respondent No.3 had filed W.P. No5430/2018 which was disposed of by order dtd. 16/03/2018 with an observation that petitioner (Bank) shall prefer a fresh representation elaborating all his grievances within a period of fifteen days and on receipt of representation so preferred by the petitioner, respondent No.3/competent Authority (General Manager) shall consider and decide the said representation and thereafter, pass a reasoned and speaking order under due intimation to the petitioner as expeditiously as possible. Accordingly, respondent No.3 has written a letter to SDO on 01/05/2018 with request that since an appeal against the acquittal is pending, therefore, amount can be released in favour of the petitioner on obtaining a bank guarantee. On 19/06/2018 gurantee which has been submitted by the petitioner is not a bank guarantee, therefore, amount has been withheld and as soon as bank guarantee is furnished by the petitioner, the amount deposited in Bank account shall be released. It is further submitted that Branch Manager, Jila Sehkari Kendriya Bank Maryadit Branch, Basai, Tahsil and District- Datia (M.P.) has also written a letter to the petitioner thereby informing that infact the amount has been freezed under the orders of Bhanu Khare. It is further submitted that once the petitioner has been acquitted in S.T. No.37/2015 decided by the Additional Sessions Judge, Datia on 18/01/2018 then the amount cannot be withheld merely on the ground that appeal against the acquittal is pending.