KRISHNAVENI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Revision Case is filed, under Sections 397 and 401 Cr.P.C. aggrieved by the order, dated 08.03.2019, passed in Crl.M.P.No.896 of 2018 in Cr.No.7/RCO-ICU-ACB/2018, on the file of the Principal Special Judge for SPE and ACB Cases, City Civil Courts, Hyderabad, wherein the application filed by the revision petitioner/third party (hereinafter referred to as "the revision petitioner") to defreeze his bank accounts and to return the documents, was dismissed.

(2.) Brief facts of the case are that the revision petitioner filed Crl.M.P.No.896 of 2018, under Section 451 of Cr.P.C., seeking to defreeze the S.B Account bearing No.62233791608 of State Bank of India, Kamareddy Branch to her. The averments in the said petition disclose that the revision petitioner is a business woman running a fair price shop since five years and she is having an independent source of income and also having S.B.A/c No.62233791608 with State Bank of India, Kamareddy Branch. It is further stated that purporting to the investigation in the above crime, the Investigating Officer conducted searches at the house of the revision petitioner and instructed the Manager of State Bank of India, Kamareddy Branch to freeze the above said account, due to which the revision petitioner is facing untold hardship to carryout her business and to meet her day-to-day necessities. It is further stated that the revision petitioner is in no way concerned or connected with the case registered against the 2nd respondent/AO-2.

(3.) The 1st respondent/complainant filed counter before the Court below stating that the revision petitioner is suspected to be a benami of the 2nd respondent and the main case was registered against the 2nd respondent for the offence punishable under Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 and that the Investigating Officer is having objection to defreeze the accounts and return the documents mentioned in the petition. It is also stated in the counter that on enquiry, the 2nd respondent stated that he is having seven other properties at various places on his name and in the name of his family members and kept the original documents with his childhood friend i.e., husband of the revision petitioner herein. During the searches, the documents pertaining to all the seven properties belonging to the 2nd respondent and his family members were found in the residence of the revision petitioner, which clearly goes to show the nexus between them and as such all the documents were seized and produced in the Court. It is further stated that the Investigating Officer also found a SB A/c.No.62233791608 of State Bank of India, Kamareddy branch with an outstanding balance of Rs.4,42,257.50, for which she could not give probable and convincing explanation. Therefore, the Investigating Officer sent a requisition to the concerned bank to freeze the account as the revision petitioner is suspected to be a benami to the 2nd respondent. It is also stated that the case is under investigation and at this stage, defreezing of the said account is not possible as the revision petitioner may withdraw or divert the amount and, therefore, prayed to dismiss the petition.