Bombay High Court
Locon Solutions Private Limited Rep By ... vs The State Of Maharashtra And Others on 8 May, 2024
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
1 Cri. W.P. 841 / 2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
953 CRIMINAL WRIT PETITION NO. 841 OF 2024
LOCON SOLUTIONS PRIVATE LIMITED REP. BY ITS
AUTHROIZED REPRESENTATIVE MR KUNAL DHAMANI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for petitioner : Mr. Navin Kumar i/by Mr. V.N. Upadhye
APP for the respondent - State : Mr. N.R. Dayama
...
CORAM : MANGESH S. PATIL &
SHAILESH P. BRAHME, JJ.
DATE : 08 MAY 2024
PC :
Heard both the sides.
2. The petitioner is aggrieved by the fact that in purported exercise of the powers under section 102 of the Code of Criminal Procedure, its entire account with respondent no. 3 - bank has been freezed.
3. It is being pointed out that respondent no. 3 having informed the petitioner about the impugned action having been prompted at the request and direction of the Police Inspector of Cyber Police Station, Nandurbar, whereby for the allged cyber crime to the tune of Rs.38,643/-, the account was called upon to be freezed by respondent no. 2. The learned APP submits that due to the election duty, he has been unable to respond.
2 Cri. W.P. 841 / 2024
4. Since the entire account of the petitioner has been freezed, by way of interim relief, according to us, it would be appropriate that the direction is issued for de-freezing the account subject to the money lien, as is contemplated even in the cyber security advisory issued by the Special Inspector General of Police, Maharashtra State Cyber, Mumbai dated 18-04-2024 (Exhibit - G).
5. Needless to state that it is indeed logical that if there is a fraud to some extent, it is only the amount involved which can be secured by the Investigating Officer under section 102 of the Code of Criminal Procedure. That power, if allowed to freeze the account, irrespective of the quantum involvled, would cause serious prejudice unintended by the legislature while providing such a power.
6. By way of interim order, we direct that the petitioner's account with respondent no. 3 - bank shall be immediately defreezed, however, there shall be lien on it to the tune of Rs.40,000/-.
7. Stand over to 18 July 2024.
[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ]
JUDGE JUDGE
arp/