Chattisgarh High Court
Kishan Kumar Rajak vs State Of Chhattisgarh on 15 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Cr.M.P No.282 of 2023
Kishan Kumar Rajak S/o Late Rajaram Rajak Aged About 38 Years
R/o Sanjay Colony, Police Station Baloda Bazar, District :
Balodabazar-Bhathapara, Chhattisgarh ---Petitioner
Versus
1. State Of Chhattisgarh Through District Magistrate, District :
Balodabazar-Bhathapara, Chhattisgarh
2. Station House Officer Police Station Palari, District :
Balodabazar-Bhathapara, Chhattisgarh
3. Branch Manager District Cooperative Central Bank Maryadit,
Head Office, District : Raipur, Chhattisgarh
4. Branch Manager District Cooperative Central Bank Maryadit,
Baloda Bazar, District : Balodabazar-Bhathapara, Chhattisgarh
----Respondents
For Petitioner: Shri Prakash Tiwari, Advocate. For Respondents/State: Shri Chitendra Singh, PL.
Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 15.02.2023
1. Heard.
2. Default as pointed out by the Registry is ignored.
3. This Petition has been filed under Section 482 Cr.P.C to release the Saving Bank Account No.624041130632 pertaining to District Cooperative Central Bank Maryadit, Branch Vatgan, District Baloda Bazar.
4. Brief facts of the case are that the Petitioner is an Account holder of the said Bank having the Account number as aforesaid. It is 2 alleged that on 31.08.2022, the Branch Manager of the said Bank had lodged FIR against one of his employees namely Suraj Kumar Sahu, who is working as Assistant Accountant regarding embezzlement of an amount to the tune of Rs.3,23,16,975/- which was transferred to various Account holders upon which, the SHO, PS Palari has sent a memo dated 01.09.2022 to the concerned Branch Manager to freeze the Bank Accounts of the said account holders.
5. Shri Tiwari submits that the investigation has been completed and charge sheet has also been filed and the Petitioner has also been enlarged on bail vide order dated 14.12.2022 passed by co- ordinate Bench in M.Cr.C No.9698/2022 in Crime No.488/2022 registered at PS Palari, District Balodabazar-Bhatapara for the offence under Sections 408, 409, 420 and 120-B IPC. He further submits that the Petitioner had, on 20.12.2022, made a representation to Respondent No.4 for releasing his Account, but the concerned authority has not passed any order, therefore, he prays to allow the Petition by directing Respondents No.3 & 4 to release the Savings Bank Account of the Petitioner.
6. On the other hand, Shri Singh opposes the prayer and submits that there is a mechanism in the Cr.P.C for disposal of the property in Chapter-34 of Cr.P.C and the Petitioner has directly approached this Court, therefore, the Petition is liable to be dismissed.
7. Heard learned Counsel for the parties and perused the documents annexed with the Petition carefully. 3
8. This Petition has been listed for default as no crime number has been mentioned in the Petition. During the course of arguments, Shri Tiwari submits that the Petitioner has been enlarged on bail and also shown a copy of the order dated 14.12.2022 passed by co-ordinate Bench in M.Cr.C No.9698/2022 wherein, Crime No.488/2022 has been mentioned.
9. Under Section 102 Cr.P.C, the police officer has a power to seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.
10. Under Chapter XXXIV of Cr.P.C, Section 451 provides that when any property is produced before any Criminal Court during an inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial. Section 452 Cr.P.C provides the order for disposal of property at conclusion of trial. Section 457(1) of Cr.P.C provides that whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such properly to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. Sub-section (2) provides that if the person so entitled is known, the 4 Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
11. In view of the above scheme of Cr.P.C, this Court finds it appropriate to allow the prayer made by the Petitioner and accordingly, it is directed that the Petitioner is at liberty to move an appropriate application in accordance with law before the concerned Judicial Magistrate to facilitate its disposal in accordance with law and upon such application being made, the concerned Court is expected to decide the said application strictly in accordance with law on its own merits, in an expeditious manner by releasing the Bank Account of the Petitioner with appropriate terms and conditions, after ascertaining the loss occurred to the Bank to the extent of Petitioner's money.
12. With the aforesaid observation, the Petition stands disposed of.
Sd/-
(Deepak Kumar Tiwari) Judge Priya