AP PRODUCT Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In these two writ petitions the petitioners challenge freezing of their bank accounts in exercise of power under Section 102(1) of Code of Criminal Procedure (Cr.P.C.). As the issue in the writ petitions is same, they are heard and considered together.

(2.) Facts of these cases, to the extent relevant, are hereunder:

(3.) On 03.01.2020, person by name Sri Ved Prakash Agarwal lodged a complaint in Central Crime Station, Police Control Room, Hyderabad, alleging that a fake will document stated to have been executed by late Anand Swaroop was brought into existence by forging the signature of late Anand Swaroop. Based on the contents of complaint, Crime No.2/2020 was registered under Sections 420, 465, 467, and 468 of Indian Penal Code (for short, 'IPC'). During the course of investigation, the complainant lodged petition dated 19.03.2020 alleging that accused no.1, petitioner no.2 herein, illegally opened bank account in IDBI Bank in the name of A.P. Products and illegally diverting huge amounts from other bank accounts of A.P. Products. The Investigating Officer addressed letters to the Branch Managers of 15 banks, where accounts were opened and operated in the name of late Anand Swaroop, his firm, etc., and requested the Banks to freeze the bank accounts. According to the Police, on 08.05.2020, by way of electronic mail, the Court of Metropolitan Magistrate was informed about the freezing of bank accounts and the intimation memo was filed on 17.08.2020 in the court of XII Additional Chief Metropolitan Magistrate at Nampally.