Swapan Dutta vs Union Of India & Ors

Sabyasachi Bhattacharyya, J

The Court : Affidavit of service filed today be kept on record.

Despite service, none appears for the respondents. The grievance of the writ petitioner is that initially, at the behest of Jorebunglow Police Station, Darjeeling, the account of the petitioner with the respondent no.5-bank was frozen. Subsequently, the grievance of the alleged debtor of the petitioner, on the basis of which such communication was made by the Police, was settled.

Learned counsel for the petitioner places reliance on the communication by the said Police Station to the Branch Manager of the respondent bank to the effect that the matter had been amicably settled between the alleged debtor and the petitioner as well as on the order of acquittal of the petitioner dated September 29, 2018, passed by the Chief Judicial Magistrate at Darjeeling in G.R. Case No.76 of 2017, wherein it was recorded that the alleged debtor had admitted to have received the entire amount in repayment of the loan taken by the petitioner; the allegations against the petitioner were dropped and the petitioner was acquitted in the said criminal case on the basis of the recording in the said order that the de-facto complainant admitted in his cross-examination that he received all the amounts which were due to him from the petitioner.

Learned Counsel for the petitioner submits that, despite such communication having been made by the Police, on whose request the bank account of the petitioner was frozen, and in spite of the criminal case against the petitioner on that score having been dropped by acquitting the petitioner, the respondent no.5 has still kept the account in question of the petitioner, with the said bank, frozen.

There is substance in the contention of the petitioner, since the respondent no.5-bank acted palpably without jurisdiction in unnecessarily keeping the account of the petitioner with the said bank, bearing Account no.159088020491, frozen till date, in view of the discussions above.

In such view of the matter, W.P. No. 520 of 2019 is allowed, thereby directing the respondent no.5-bank to allow the petitioner immediately to operate the bank account mentioned above, without insisting on any further communication from the Police or from any other authority.

There will be no order as to costs.

Urgent photostat certified copy, if applied for, be supplied to the parties urgently on completion of all necessary formalities.