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Judgment
Arindam Sinha, J
Mr. Mohanty, learned advocate appears on behalf of petitioner and submits, his client is a pensioner. Purportedly pursuant to notice dated 18th May, 2021 under section 91 in Code of Criminal Procedure, his client’s pension account stood frozen by the bank. He submits, section 91 is for production for documents or thing. Threat in the notice regarding compliance, failing which cognizance of offence under section 175 in Indian Penal Code cannot authorize freezing of the account since, the provision is with regard to omission to produce document or electronic record. His client is unaware what document was required from the bank. The account could not have been frozen.
Mr. Balakrishna, learned advocate appears on behalf of the bank and on query from Court submits, approximately Rs.17,000/- is deposited every month as pension in the account.
Dwarka Police Station (South) is added as party for purpose of providing opportunity to the authority to substantiate its notice and threat regarding freezing of petitioner’s account. Petitioner will file consolidated cause title.
The bank is directed to disburse the pension deposited, for the time being, commencing September, 2022 and continue to do so during pendency of this writ petition. Petitioner will approach concerned Branch and put in withdrawal slip for the pension to be disbursed. She may approach in course of this week for September, 2022. Following months, by 7th.
Issue notice along with this order on added opposite party by registered/speed post with AD. Petitioner will put in requisites.
List on 10th October, 2022.
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