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2026 DAILYLAW 3728 (JHR)

MOHAMMAD ASIF v. UNION OF INDIA THROUGH THE CHIEF POSTMASTER GENERAL(CPMG)

WPC/7857/2025 · 2026-01-27

Rajesh Kumar

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:1915 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.7857 of 2025 1. Mohammad Asif, aged 60 years, S/o Mohammad Hanif. 2. Mohammad Ashraf, aged 57 years, S/o Mohammad Hanif. 3. Mohammad Azam, aged 48 years S/o Mohammad Hanif. All residents of House No.48, Panah Kola, P.O. & P.S.-Madhupur, District -Deoghar. …… Petitioners Versus 1. Union of India, through the Chief Postmaster General (CPMG), having office at Doranda, P.O. & P.S.-Doranda, Town and District-Ranchi. 2. The Director, Postal Services, Doranda, having office at Doranda, P.O. & P.S.-Doranda, Town and District -Ranchi. 3. Superintendent of Post Offices, Giridih Division, having office at P.O., P.S. and District -Giridih. 4. Superintendent of Post Offices, Deoghar, having office at P.O., P.S. & District -Deoghar. 5. Postmaster, Main Post Office, Giridih, having office at P.O., P.S. & District -Giridih. 6. Postmaster, Main Post Office, Madhupur, having office at P.O. & P.S-Madhupur, District-Deoghar. 7. Central Bureau of Investigation (CBI), through the Superintendent of Police, Ranchi, having office at behind Civil Court, Ranchi, P.O.-G.P.O., P.S.- Kotwali, Town and District -Ranchi. …... Respondents --------- CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR --------- For the Petitioners : Mr. Manoj Tandon, Advocate Mr. Shubham Kumar, Advocate For the Resp.-State : Mr. Zaid Imam, A.C to SC -VII For the Resp.-UOI : Mr. Prashant Pallav, ASGI For the Resp.-CBI : Mr. Deepak Kr. Bharti, Advocate -------- 02/Dated: 27 th January, 2026 1. Heard learned counsel for the parties. 2. The present writ petition has been filed for the following reliefs :- “(a) for issuance of an appropriate writ/ writs, direction/ directions or order/ orders to direct the respondents in particular respondents nos. 3 to 6 to - 1 - W.P.(C) No.7857 of 2025 2026:JHHC:1915 allow the petitioners to withdraw the amount and/or operate the various accounts in the name of the petitioners, their wives and children as the petitioners deposited their hard earned money but for no fault on the part of the petitioners the respondents concerned are not allowing the petitioners to gets the fruits thereof that too at their old age. (b) to direct the respondents to show cause before this Hon'ble Court as to under what circumstances, the petitioners are not being allowed to operate their accounts. (c) for any other appropriate relief/reliefs to which the petitioners are found to be entitled in the facts and circumstances of this case as also to do conscionable justice to the petitioners.” 3. Paragraph No.17 of the counter affidavit, filed by the respondent -CBI, reads as under :- “17. That with respect to para 6 to 9 of the writ application the deponent states that same are regarding defreezing of the accounts in the name of the brothers of accused Md Altaf and that the CBI has no concern with these accounts, which were recovered during the searches conducted at the residence of Md. Altaf on 21.12.2019.” 4. Once CBI investigation is over and charge sheet has been submitted then the only those account which has been used in commission of crime can be frozen and for that remedy lies before the trial court. So far as the accounts which are not the subject matter of the trial/crime, cannot be frozen. 5. In that view of the matter, the present writ petition stands disposed of giving liberty to the petitioners to file a petition before the concerned authority and the concerned authorities are directed to consider the claim of the petitioners especially in view of the charge sheet filed by the CBI. 6. The decision must be taken by the concerned authorities within six weeks from the date of receipt/ - 2 - W.P.(C) No.7857 of 2025 2026:JHHC:1915 production of a copy of this order. 7. Pending interlocutory application, if any, stands disposed of. (Rajesh Kumar, J.) 27th January, 2026 Ravi-Chandan/- Uploaded on 28.01.2026 - 3 - W.P.(C) No.7857 of 2025