HC refuses to defreeze salary account of Medical Officer

By
Daily Excelsior
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Excelsior Correspondent
SRINAGAR, Nov 16: High Court has refused to defreeze the salary account of Medical Officer, frozen by the Crime Branch on registration of FIR in lieu of huge transactions in the said account pursuant to commission of irregularities in award of contracts in Jammu & Kashmir Project Construction Corporation.
The court of Justice Rajnesh Oswal refused to defreeze the salary account of one Neelofar Abbas-Medical Officer Public Health Centre Budgam which has been freezed by the Crime Branch after the investigation revealed that huge transactions were carried out during different years in the said account.
Court after referring the relevant law on the point said the bank account of the accused as well as his relative falls within the definition of the “property” under Section 102 Cr.P.C can be validly frozen during the course of investigation, if the circumstances exist creating suspicion regarding commission of any offence.
The Court while exercising writ jurisdiction under Article 226 of the Constitution of India, concluded that it cannot determine the disputed question of facts as to whether the amount lying in the salary account of the petitioner-Neelofar falls within the mischief of Section 102 (1) of the Cr.P.C or not.
“There are serious allegations and investigation is still going on. To be fair to the petitioner and her husband, the questionnaires have been issued to them by Investigating Officer but those have been not replied by the petitioner as well as her husband. The petitioner has an option to demonstrate before I.O that the money lying in her account is the remuneration earned by her from her employer”, court recorded.
“This petition is disposed of with a direction to the petitioner to approach and demonstrate before the Investigating Officer in FIR No: 02/2020 u/s 5(2) P.C. Act, 478, 471 and 120-B IPC that the amount lying in her account No. SB/8456 maintained with J&K Bank Branch Bagati Barzulla Srinagar is the amount earned as salary from her employer and on being approached, the Investigating Officer shall proceed in accordance with law”, court concluded.

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