Mohela Khatun v. The State of Assam

ORDER Date : 16.09.2024

Heard Mr. S. A. Reeyaz, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State respondent.

By filling this criminal revision petition under Section 397/401 read with Seciton 482 of the Code of Criminal Procedure, 1973 the petitioner has prayed for unfreezing her bank account, being SBI Bank Account No. 40988509345, and also challenged the impugned order dated 21.06.2024, passed by the learned Additional Chief Judicial Magistrate, Kamrup (M), arising out of Jalukbari P.S. Case No. 25/2024, under Sections 120B/328/379/420/406 of the Indian Penal Code, whereby the zimma petition of the present petitioner was rejected and prayer for releasing the freezed account was also rejected.

Vide order dated 03.09.2024, this Court has directed the Investigating Officer to apprise the Court regarding the present status of the Jalukbari P.S. Case No. 25/2024 and also to inform in regards to the freezed account of the present petitioner.

Mr. K. Baishya, learned Additional Public Prosecutor, has submitted that the I.O. has already submitted the status report of the case as well as the status of the freezed account of the present petitioner. On perusal of the report of the I.O., it is seen that Jalukbari P.S. Case No. Page No.# 3/3 25/2024 has already been Charge-Sheeted against one Majnur Ali @ Garia and that apart, they have already intimated the Bank Authority to unfreeze the account of the present petitioner vide a separate letter addressing to the Branch Manager on 13.09.2024.

In view of above, the present petition has become infructuous as the freezed account of the present petitioner has already been directed to be unfreezed by the Investigating Authority. Accordingly, the petition stands disposed of being rendered infructuous. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010165592024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Rev.P./312/2024o MOHELAoKHATUNo W/OoMAJNURoALIo R/OoVILL-oISLAMPUR,oBONGORAo P.S.oAZARA,oDIST.oKAMRUPo(M),oASSAMo PIN-781017 VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oJoUoAHMED,oMRoSoAoREEYAZo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA