Moyeen Ahmed vs The Additional Director General Of ... on 28 March, 2025
7.At this juncture, the learned Senior Counsel appearing for the
petitioner relied upon the judgment of this Court in the case of
Mohammed Saifullah Vs. Reserve Bank of India and others in W.P.No.
25631 of 2024 and in the case of Sahil Raj Vs. The State of Tamil Nadu,
and others in W.P.No.21344 of 2022 , wherein, this Court passed orders
that no doubt, the statutes empower the investigation agency to request
the Bank to freeze the account pending investigation and intimate it
forthwith to the jurisdiction Court, but whether the power is properly
exercised or not is the moot question now looming large and in the
several judgments of the Courts across the India, it had been
categorically held that there cannot be freezing of account perpetually
without intimating the account holders what for their account is freezed
and what extent it has to be freezed. Even then, day in and day out, this
Court receives applications to defreeze the account pointing out the
failure of the investigating agency not only to the account holders, even
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/04/2025 03:40:26 pm )
W.P(MD)No.3165 of 2025
to the jurisdictional Court not intimating about the freezing of the
account as per Section 102 of Cr.P.C. equivalent to 106 of BNSS Act.