Madhya Pradesh High Court
Rajesh Soni vs The State Of Madhya Pradesh on 6 August, 2019
1
WP-15876-2019
THE HIGH COURT OF MADHYA PRADESH
WP-15876-2019
[Rajesh Soni vs. State of M.P. & Ors.]
Gwalior, Dated 06/08/2019
Shri D.P. Singh, learned counsel for the petitioner.
Shri S.P. Jain, learned Panel Lawyer for the
respondents/State.
1. Petitioner seeks indulgence in the enquiry caused by the City Superintendent of Police Bhind on a complaint by one Dilip Sharma S/o late Ramnaresh Sharma, who had complained that he holds a Saving Account No.918010041096423 Axis Bank Bhind, wherefrom an amount of Rs.8,00,000/- (Rupees Eight Lac) has been unauthorizedly transferred in Account No.912010007582867 which is held by present petitioner.
2. Being in seisin with the said enquiry, the Police Officer vide communication dated 27/05/2019 has requested the Bank to freeze the operation of both Accounts. Consequent whereof, the Bank vide communication dated 29/05/2019 (Annexure P/6) has informed the police, with the copy to the petitioner and said complainant that both the Accounts have been freezed. It is this action of the Bank and the police which the petitioner is aggrieved of.
3. Section 102 of the Code of Criminal Procedure, 1973 empowers any police officer may seize any property which may be 2 WP-15876-2019 alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.
4. In State of Maharashtra v. Tapas D. Neogy: [(1999) AIR SCW 3389], it is held:
"12. Having considered the divergent views taken by different High Courts with regard to the power of seizure under Section 102 of the Code of Criminal Procedure, and whether the bank account can be held to be 'property' within the meaning of said Section 102(1), we see no justification to give any narrow interpretation to the provisions of the Criminal Procedure Code. It is well known that corruption in public offices has become so rampant that it has become difficult to cope up with the same. Then again the time consumed by the Courts in concluding the trials is another factor which should be borne in mind in interpreting the provisions of Section 102 of the Criminal Procedure Code and the underlying object engrafted therein, inasmuch as if there can be no order of seizure of the bank account of the accused then the entire money deposited in a bank which is ultimately held in the trial to be the outcome of the illegal gratification, could be withdrawn by the accused and the Courts would be powerless to get the said money which has any direct link with the commission of the offence committed by the accused as a public officer. We are, therefore, persuaded to take the view that the bank account of the accused or any of his relation is `property' within the meaning of Section 102 of the Criminal Procedure Code and a police officer in course of investigation can seize or prohibit the operation of the said account if such assets have direct links with the commission of the offence for which the police officer is investigating into. The contrary view expressed by Karnataka, 3 WP-15876-2019 Gauhati and Allahabad High Courts, does not represent the correct law. ........ In the aforesaid premises, we have no hesitation to come to the conclusion that the High Court of Bombay committed error in holding that the police officer could not have seized the bank account or could not have issued any direction to the bank officer, prohibiting the account of the accused from being operated upon......."
5. In view whereof, since the City Superintendent of Police during course of enquiry/investigation of a complaint, illegal transfer of an amount from the Saving Bank Account of the complainant to another Bank Account which happens to be of the petitioner has requested the Bank to freeze both the Accounts, no illegality can be perceived in view of his powers under Section 102 Cr.P.C. and the judgment in Tapas D. Neogy (supra).
6. Consequently, petition fails and is dismissed. No costs.
(Sanjay Yadav) Judge pwn* Digitally signed by PAWAN KUMAR Date: 2019.08.08 17:54:19 +05'30'