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2025 DAILYLAW 122861 (ALL)

SANTOSH KUMAR v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. COOPERATIVE LKO. AND 3 OTHERS

WRIC/1382/2025 · 2025-03-20

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16119-DB Court No. - 2 Case :- WRIT - C No. - 1382 of 2025 Petitioner :- Santosh Kumar Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Cooperative Lko. And 3 Others Counsel for Petitioner :- Manmohan Singh,Dilip Kumar Verma Counsel for Respondent :- C.S.C.,Birendra Prasad Singh,Praveen Dwivedi,Shireesh Kumar Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The account of the petitioner, which is claimed to be a salary account, has been freezed by the opposite party i.e. Bank on the instructions of the then District Manager, PCF, Pratapgarh. We have summoned the officer, however, Sri Narendra Singh, District Manager, PCF, Pratapgarh is present but he says that the communication dated 19.11.2021 for freezing the account of the petitioner was not sent by him rather it was sent by his predecessor, who is now a Regional Manager in the Regional Office, Jhansi. The counsel for the PCF says that there is no instruction from the Investigating Officer for seizure of the bank account. In fact, he says that charge sheet has already been filed against the petitioner and trial is pending before the court of competent jurisdiction and the petitioner is on bail. There is no such order by the court also, which may have been received by the PCF. Learned counsel for the Bank, Sri Rana Rahul Singh, holding brief of Sri Praveen Dwivedi, Advocate says that except for the communication dated 19.11.2021 by the District Manager, PCF, Pratapgarh, no other communication has been received for freezing of the bank account of the petitioner. In view of the aforesaid, the Writ Petition is disposed of with direction to the bank to de-freeze the account of the petitioner within three days unless there is any order of competent authority or court for it being freezed or seized, as the case may be. Our order shall be communicated by Sri B.P. Singh, Advocate to the Regional Officer, Regional Office, Jhansi, who had sent the communication dated 19.11.2021 so that he may know that he did not have jurisdiction to send such communication. Copy of this order be provided to the learned counsel for the parties today itself, if possible. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 20.3.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench