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Tripura High Court

Unknown vs Noting By Officer Or Serial Date Office ... on 6 December, 2017

Author: S. Talapatra

Bench: S. Talapatra

   Noting by Officer or Serial   Date                   Office notes, reports, orders or
        Advocate         No                             Proceedings with signature

                                                                        WP(C) No. 1348 of 2017

                                                         BEFORE
                                          THE HON'BLE MR. JUSTICE S. TALAPATRA

                                        06.12.2017

                                                     Heard Mr. P. K. Biswas, learned senior
                                        counsel assisted by Mr. P. Majumder, learned counsel
                                        appearing for the petitioner as well as Mr. T. D.
                                        Majumder,         learned     G.A.    appearing    for      the
                                        respondents No. 1 to 5 whereas Mr. A. L. Saha,

learned counsel appearing for the respondent No. 6.

At the outset Mr. Majumder, learned G.A. appearing for the respondents has submitted that he has instruction that the restriction imposed on the petitioner's bank account has already been withdrawn.

Mr. Saha, learned counsel appearing for the respondent No. 6 has not opposed that statement in any manner.

Mr. P. K. Biswas, learned senior counsel appearing for the petitioner has submitted that restriction that was imposed on the savings account of the petitioner being No.10320446219 in the State Bank of India, TLA House, Colonel Chomuhani, was grossly illegal. Neither the investigating agency nor the bank authority had any power to suspend the operation of the bank account in the context of pendency of a criminal case being NCC PS Case No. 17 of 2017 implicating her son.

Be that as it may, since the respondents have confirmed before this Court that the restriction has been withdrawn, nothing survives for the consideration by this Court.

The respondent No. 6 shall allow the petitioner to operate her account without any impediment. In future, the respondent No. 6 shall A.Ghosh Page 1 of 2 Noting by Officer or Serial Date Office notes, reports, orders or Advocate No Proceedings with signature WP(C) No. 1348 of 2017 refrain from indulging in such act by imposing restriction on the operation of the bank account.

They can do so only by virtue of the order of the Court before which the criminal investigation is attached or under seison.

This petition stands disposed in terms of the observations made above. There shall be no order as to costs.

JUDGE A.Ghosh Page 2 of 2