IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 954 OF 2024 Revision filed under Section 397 & 401 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to set aside the order of the Crl.MP.No.33 of 2024 dated 25-04-2024 on the file of 1st Additional Civil (Junior Division) Judge cum 1st Additional Judicial Magistrate of First Class, Chirala. Between: IDBI BANK LTD, a company registered under the Companies Act, 1956, (Act 1 of 1956) and a Company within the meaning of the companies Act, 2013 (18/2013), and a Banking company within the meaning of Sec.5(c) under the Banking Regulation Act, 1949, Having its Regd) Officer at IDBI Tower, WTC Complex, Cuffe Parade, Colaba Mumbai and having one of its Branch Office at Chirala rep By Ms.Prathyusha Vuppu, branch Head, Chirala ... REVISION PETITIONER AND 1. The Station House Officer, Chirala I Town Police Station. 2. Julakanti Venkata Subbarao,, S/o.Gurunadham, R/o.Jaladi Complex, RR Road, Chirala. ...RESPONDENTS / lA NO: 5 OF 2024 Petition under Section 482 Cr.pc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the order / judgment of the Crl.MP.No.33 ‘of 2024 dated 25/04/2024 on the file of 1st Additional cum 1st Additional Judicial Magistrate of First Class, Civil (Junior Division) Judge Chirala. lA NO: 4 OF 2024 Petition under Section 482 Cr.pc praying that in the circumstances stated rn the affidavit fiied in support of the petition, the High Court may be auction of the gold vide 752.8 grams of gold which is put as collateral, as the same is accumulated outstanding ioan amounting to a tune of 20,38,911/- which needs to be Cleared in the light of the interest. pleased to Permit the Petitioners to conduct the Counsel for the Petitioner : SRI S V S S R KRISHNA UPPULURI Counsel for the Respondents : The Court made the following ORDER : ft APHC010382612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 954/2024 Between: IDBI Bank Ltd ...PETITIONER AND The Station House Officer and Others ...RESPONDENT(S) Counsel for the Petitioner: 1 .S V S S R KRISHNA UPPULURI Counsel for the Respondent(S): 1. The Court made the following: f > 2 ORDER: This Criminal Revision Case was filed by the petitioner herein, against the Order dated 25.04.2024 passed in Crl.M.P.No.33 of 2024 in Crime No.61 of 2023 of I Town Police Station, Chirala by the learned Additional Junior Civil Judge-cum- Additional Judicial Magistrate of First Class, Chirala (for brevity ‘the learned Magistrate’). A case in Crime No.61 of 2023 of I Town Police Station, Chirala was registered against the accused for the offence punishable under Section 406 of the Indian Penal Code, 1860 (for brevity ‘IPC’), alleging that the accused, who is younger son of the de facto complainant, took away 100 soverins of gold and cash of Rs.6.00 lakhs and left the home on 03.09.2022 and committed criminal breach of trust to his father who is de facto complainant. 2. 3. Pending the crime, the IDBI Bank Limited issued Pre auction Intimation Notice to the accused intimating him that he failed to pay the loan amount/outstanding dues and if he fails to pay the same within fifteen (15) days from the date of the said notice, the Bank will be at liberty to proceed with sale of pledged gold ornaments in a public auction. Having learnt the same, the respondent No.1 addressed a letter to the Branch Manager of IDBI 3 Bank, Chirala Branch requesting the bank to freeze the gold loan account of Julakanti Balakrishna, who is accused in subject crime, without handing over to anybody or going for auction of the gold ornaments. The IDBI Bank Limited, on 26.04.2023 addressed a 4. letter to the Inspector of Police, I Town Police Station, Chirala, requesting him to instruct the de facto complainant and the accused to pay the outstanding dues towards the gold loan accounts and to cooperate with the bank for realization of the public money or to allow them to conduct auction of pledged gold ornaments. However, the material on record discloses that the IDBI Bank Limited did not get any further instructions from the Investigating Officer. 5. Pending the crime, the IDBI Bank filed Crl.M.P.No.1413 of 2023 before the learned Magistrate praying the Court to grant permission to auction the pledged gold ornaments for realization of dues. The learned Magistrate, vide Order, dated 25.07.2023, dismissed the said petition holding that the charge sheet was not filed and if the property is disposed of at that stage, the Court could not determine as whom the case property belonged to. % 4 6. Subsequent thereto, pending the crime, the IDBI Bank Limited filed Crl.M.P.No.33 of 2024 on the file of the learned Magistrate to cancel the Letter, dated -NIL- issued by the respondent No.1 requesting the bank to freeze the gold loan accounts of accused. The learned Magistrate vide Order, dated dismissed the petition 25.04.2024, on the ground of maintainability. Aggrieved by the said Order, the present Criminal Revision Case has been filed. 7. Heard both sides. Perused the record. 8. A perusal of material on record goes to show that vide Order, dated 25.04.2024 passed in Crl.M.P.No.33 of 2024, the learned Magistrate dismissed the petition on the ground that the petitioner was absent and in view of non-representation and as the petitioner failed to explain as to how the impugned petition is maintainable before the Jurisdictional Court. 9. Learned counsel appearing on behalf of the petitioner submits that the Order passed by the learned Magistrate is not on merits, but only on the ground of no representation. The petitioner has got fair case. He placed strong reliance on the proposition of law laid down by the High Court of Kerala at Ernakulam in M/s. ^ 5 Kerala Gramin Bank vs. State of Kerala and others^ wherein at paragraph No.6, held as under: The Investigating Officer, \A/ho investigates into a crime, has no legal right to direct a particular loan transaction to be frozen. If he was of the belief that any particular property Is the subject matter of a crime, the legal remedy available to him is to seize the said property in accordance with law and report It before the Jurisdictional Magistrate under Section 102 of Cr.P.C. If such a step was initiated, petitioner could have resorted to the procedure under Section 451 or 452 or 457 of Cr.P.C., as the case may be. Though the learned counsel for the respondent had submitted that, his client is ready to take back the gold ornaments after repaying the loan amount, provided the interest due under the loan account Is waived. Considering the circumstances, it is not proper for this Court to grant such a direction to the Bank and it is for the 3"^ respondent to raise such reliefs before the appropriate forum in an appropriate proceeding.” '6. A perusal of the above ratio, it is made clear that the 10. Investigating Agency is not entitled to direct a particular loan transaction to be frozen and the only remedy available to them is to seize the said property in accordance with law and report it before the Jurisdictional Magistrate under Section 102 CrPC. Having regard to the ratio laid down in the above Judgment and in view of the aforesaid facts and circumstances, without expressing any view, this Court is of the opinion that it would be justified to ^ Writ Petition (Criminal) No. 1148 of 2022 on the file of the High Court of Kerala at Ernakulam, dated 09.08.2023, 6 remand the matter to the learned Additional Junior Civil Judge- cum-Additional Judicial Magistrate of First Class, Chirala for fresh hearing of the petitioner and also the respondents and for disposal of the petition in accordance with law. 11. 11. Accordingly, the Criminal Revision Case is allowed, setting-aside the Order, dated 25.04.2024 passed in CrI.M.P. No.33 of 2024 in Crime No.61 of 2023 of I Town Police Station, Chirala by the learned Additional Junior Civil Judge-cum- Additional Judicial Magistrate of First Class, Chirala and the matter in CrI.M.P.No.33 of 2024 in Crime No.61 of 2023 of I Town Police Station, Chirala is remanded to the file of the learned Additional Junior Civil Judge-cum-Additional Judicial Magistrate of First Class, Chirala, for fresh hearing of the petitioner and also the respondents and for fresh disposal of the petition in accordance with law. As a sequel thereto, the miscellaneous applications, if any. pending in this Criminal Revision Case shall stand closed. SOI- K.TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The 1st Additional Civil (Junior Division) Judge cum 1st Additional Judicial Magistrate of First Class, Chirala (with records if any) 2. The Station House Officer, Chirala I Town Police Station, Bapatia District. 3. One CC to Sri. S V S S R Krishna Uppuluri Advocate [OPUC] 4. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravathi. 5. THREE CD COPIES PR TAC f HIGH COURT DATED:24/02/2025 > ORDER CRLRC.No.954 of 2024 X 2 8 MAR 2025 ^ Current Section Co! ALLOWING THE CRLRC