1 WPA 1419 of 2026 A.Roy, J. Form J(2) Sl.No.37 Sc In the High Court at Calcutta In the Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy WPA 1419 OF 2026 With I.A. No.CAN 1 OF 2026 M/s. MMJ Bullion LLP Vs. State of West Bengal & Ors. For the petitioner : Mr. Sayan De, Adv. Mr. Mourya Sarkar, Adv. Mr. Debarshi Bramha, Adv. Mr. Rimik Chakraborty, Adv. For the Respondent State : Mr. Kunaljit Bhattacharjee, AGP Mr. Salok Sah, Adv. For the Applicant in I.A. No. CAN 1 of 2026 : Mr. Arnab Sengupta, Adv. Mr. Deborshi Dhar, Adv. Mr. Rahul Agarwal, Adv. Heard on : August 12, 2026 Judgment on : August 12, 2026 [In Court] Aniruddha Roy, J. : 1. Affidavit-of-service, filed in Court today, is taken on record. 2 WPA 1419 of 2026 A.Roy, J. 2. The cause of the writ petitioner, as pleaded in the writ petition is that, the complainant has lodged a complaint dated February 8, 2025 at page 19 to the writ petition with the Officer-in-Charge, Panitanki Out Post, Siliguri Police Station. Arising out of the said complaint an FIR has been registered dated February 8, 2025, Annexure – P1 at page 18 to the writ petition. The name of the writ petitioner does not feature in the said FIR. Following the said FIR, the investigating police authority has submitted a Charge Sheet registering Siliguri Police Case No. 83 of 2025 before the jurisdictional police station, Annexure-P3 at page 37 to the writ petition. The relevant portion (at page 41 of the writ petition) allegedly affecting the petitioner is quoted below: “During investigation it is found that soon after getting the money from the complainant, the accused Tejas Lalit Soni transferred it to various accounts and thus for the interest of proper investigation and in anticipation of kind approval by the Ld. Court, I have requested the concerned bank to freeze/hold the amount of Rs.1.45 Cr. Equivalent to misappropriated amount in this case. Accordingly said amount has been freeze/hold in the A/C No.7666270000 of Kotak Mahindra Bank & A/C No. 41293407550 of SBI Bank.” 3. In view of the said observation made in the Charge Sheet, Kotak Mahindra Bank, respondent no.5 had freezed the entire current bank account of the petitioner, as mentioned in the Charge Sheet. Thus, the petitioner is aggrieved. 3 WPA 1419 of 2026 A.Roy, J. 4. Mr. Sayan De, learned Advocate appearing for the petitioner submits that, the name of the petitioner had never featured in the FIR. No notice of investigation had been served upon the petitioner but an observation has been made against the petitioner’s bank account in the Charge Sheet. Since the entire Current Bank Account of the petitioner has been freezed, the business of the petitioner has been prejudiced seriously. 5. Mr. Kunaljit Bhattacharjee, learned Additional Government Pleader appears for the State. 6. Mr. Arnab Sengupta, learned Advocate (VC) with Mr. Deborshi Dhar, learned Advocate appears for the complainant, who are though not impleaded but has taken out an application being I.A. No. CAN 1 of 2026 for addition of party. 7. After considering the submissions and rival submissions made on behalf of the appearing parties and on perusal of the materials on record and from a close reading of the Charge Sheet, it appears to this Court that, the investigating police authority had observed that, an amount of Rs.1.45 Cr. is to be freezed or withheld in the concerned Current Bank Account of the petitioner maintained with the Kotak Mahindra Bank bearing Current Account No.7666270000 and no further restriction has been imposed. 8. In view of the above, the Kotak Mahindra Bank. Hill Cart Road, Siliguri is directed to set apart a sum of Rs.1.45 Cr. from the 4 WPA 1419 of 2026 A.Roy, J. Current Bank Account of the petitioner bearing No.7666270000 and after setting apart of the said sum, the petitioner shall be allowed to operate the said Current Bank Account in accordance with law. 9. It is made clear that, this court has not gone into the merits and has not expressed any opinion on the contentions and rival contentions of the parties insofar as the charges mentioned in the FIR or the Charge Sheet. 10. The jurisdictional criminal court shall not be influenced by any observation made by this court and shall proceed with the criminal case on its own merit strictly in accordance with law. 11. Inasmuch as, this order shall not be construed to have any bearing on the relevant criminal trial. 12. This Court has also not expressed any opinion on the application filed by the complainant being I.A. No. CAN 1 of 2026. 13. With the above observations and directions the writ petition, WPA 1419 of 2026 stands disposed of without any order as to costs. . 14. Consequently, I.A. No. CAN 1 of 2026 also stands disposed of. 15. Photostat certified of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)