ASHOK KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) PRESENT petition is filed under Section 482 of the Code of Criminal Procedure 1973 directing respondent to permit petitioner for operation of bank account No. 10621000000715 situated in Punjab and Sindh Bank Una HP. It is pleaded that petitioner went to the bank for operating his account he was told by the official of Punjab and Sindh Bank that the operation of his account No. 10621000000715 has been stopped by the police of Una HP. It is pleaded that thereafter petitioner went to the Superintendent of Police Una HP and police did not give any satisfactory reply to the petitioner. It is further pleaded that criminal complaint was filed by Sh Mukesh Singh son of Ramnik Singh to the Superintendent of Police Una HP that at the instance of the petitioner Ashok Kumar complainant Mukesh Singh raised a loan from the bank to purchase tourist bus and transferred Rs. 11.25 lacs in the account No. 10621000000715 owned by Ashok Kumar but thereafter Ashok Kumar did not contact Mukesh Singh nor returned the money. The allegations against the petitioner is that petitioner had cheated the complainant namely Mukesh Singh to the tune of Rs. 11.25 lacs. It is pleaded that police has no authority to stop the operation of the bank account of the petitioner. Prayer for acceptance of the petition sought.

(2.) PER contra reply filed on behalf of the respondent pleaded therein that Mukesh Singh son of Sh Ramnik Singh resident of VPO Panjabar Tehsil and District Una HP filed a complaint on dated 2.12.2014 and the same was forwarded by Additional Superintendent of Police Una HP to Station House Officer Sadar Una HP for necessary action. It is pleaded that complainant specifically alleged that petitioner had cheated complainant by way of practicing deception and allured the complainant to deposit Rs. 11.25 lacs in account No. 10621000000715 of Punjab and Sindh Bank branch at Una HP owned by Ashok Kumar. It is pleaded that there was prima facie evidence that amount of Rs. 11.25 lacs regarding which cheating was alleged to be committed was transferred from account No. 2914000300751200 of complainant to account No. 10621000000715 of the petitioner. It is pleaded that there was apprehension that petitioner would withdraw the amount regarding which cheating was alleged to be committed and thereafter the account of the petitioner was seized as per the provision of the Code of Criminal Procedure 1973. It is pleaded that complaint was under preliminary enquiry. It is pleaded that efforts were made to trace the petitioner but petitioner could not be traced. It is pleaded that thereafter on dated 16.1.2015 complainant filed complaint before learned Judicial Magistrate Ist Class Una HP which was sent to Police Station Una HP under Section 156(3) Cr.P.C. for investigation of the case and thereafter FIR No. 22 of 2015 under Sections 420, 406, 506 and 34 IPC was registered at Police Station Una HP on dated 23.01.2015. It is pleaded that during investigation it was observed that an amount of Rs. 11.25 lacs was transferred from account No. 2914000300751200 PNB Branch Panjabar Una HP of the complainant to account No. 10621000000715 Punjab & Sindh Bank Branch at Una HP of the petitioner. It is pleaded that investigation of the case is still at the initial stage. Prayer for dismissal of petition sought.

(3.) FOLLOWING points arise for determination in the present petition: