DILIP MEHTA Vs. SPECIAL POLICE ESTABLISMENT, LOKAYUKT

JUDGEMENT

(1.) This petition filed under Article 226/227 of the Constitution takes exception to the order of the Court below dated 09.05.2019 (Annexure-P/10) whereby the application preferred by the present petitioner dated 23.04.2019 was partially allowed by the Court below.

(2.) Learned counsel for the petitioner submits that the petitioner is a builder. There is some investigation going on at the behest of Lokayukt Organization. In furtherance of said investigation in Crime No.525/2014, the petitioner's bank account No.50018599160 was freezed by the respondent-Organization. Aggrieved, petitioner filed an application on 23.04.2019 before the Court below and argued that the respondent has erred in freezing the said account which is creating serious financial problem to the petitioner to smoothly run his business. Accordingly, the said account be directed to be de- freezed.

(3.) Prayer of the petitioner was opposed by Lokayukt Organization on the ground that the offences under Section 13(1)(d) read with Section 13(2) are registered against Shri Anil Mishra who had booked Duplex No.81 from Rajul Builders. Shri Anil Mishra had deposited Rs.5 lac and Rs.2 lack in the Allahabad Bank, Branch at Katanga on 26.04.2012 and 27.04.2012 respectively. This transaction and account is a relevant piece of evidence. The statement of petitioner is yet to be recorded. At this stage, it will not be proper to de-freeze the account.