Page No.# 1/3 GAHC010273112024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1610/2024 IDRISH ALI S/O JAHARUDDIN ALI R/O SATRAKONARA, P.S. BAGBAR DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED, MR. O ULLAH,I AMIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.04.2025 Heard Mr. M H Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This application under Section 528 of the BNSS, 2023 has been filed Page No.# 2/3 challenging the order dated 25.11.2022 passed by the learned SDJM (S) No. II, Kamrup (Metro) at Guwahati in respect of PRC Case No. 2215/2024. 3. Two persons namely Rekha Reddi and Sri Alom Siddar have jointly lodged an FIR before police. Rekha Reddi has stated that her daughter Sindhu Kumari, aged about 18 years, was insisting on her parents to buy a mobile phone and when the parents refused her to buy a mobile phone, she told that she will earn on her own and buy a mobile phone. The sister of Rekha Reddy, namely, Saniyara Parbin, aged about 18 years and Sindhu Kumari both stopped going to school and ultimately since 28.06.2024, both the girls disappeared. It is alleged in the FIR that on that day at about 7.30 PM, Sindhu Kumari had gone to the house of Saniyara Parbin, who is the sister of the other informant, Alom Siddar. 4. During investigation, it was found that the present petitioner alongwith some other persons had sold both the girls at Routa red light area in the state of Bihar. Police recovered both the girls from there. It was found that a person called Akbar belonging to the state of West Bengal had to pay an amount of ₹1,10,000/- to the present petitioner. Ultimately, police filed charge sheet against the present petitioner and some other persons. 5. It may be stated that during investigation, the bank account of the petitioner in Axis Bank, Beltola Branch was frozen. In the aforesaid case, the petitioner was arrested and he was released on bail and since his bank account was frozen, he could not operate the said account. He filed an application before the court below and the court rejected his prayer. 6. The petitioner has submitted the details of his bank account statements and these statements did not show that an amount of ₹1,10,000/- was credited to his bank account. It appears that the court below did not apply judicial mind while refusing the prayer of the petitioner, keeping the bank account frozen. 7. Under the given circumstances, this Court is of the opinion that keeping the bank account of the petitioner frozen, would not serve any purpose in this case. 8. Therefore, the order dated 25.11.2022 passed by the learned SDJM (S) No. II, Kamrup (Metro) at Guwahati in PRC Case No. 2215/2024 is set aside. Page No.# 3/3 9. The bank account No.921010037050569 belonging to the petitioner Idris Ali in Axis Bank, Beltola Branch stands defrozen. The bank authorities shall allow the petitioner Idris Ali to operate the said bank account in any manner he wishes. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant