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Judgment
Rule. Rule returnable forthwith. With the consent of the parties taken up for final hearing.
This petition is filed by petitioner Jayesh Shahu, thereby challenging the order dated 22-12-2025, passed below Exhibit Nos.46 and 49 by the learned Judicial Magistrate First Class, (Court No.3), Nagpur in RCC No.2922/2025, whereby the application filed by the petitioner seeking defreezing of the bank account came to be rejected.
Learned Counsel for the petitioner, as well as learned APP, submit that identical petitions have been filed by other bank account holders in connection with the same Crime No. 0373/2025. It is submitted that the Investigating Officer has directly frozen the petitioner’s bank account by exercising powers under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’ for short), which is erroneous. This Court, after taking into consideration the powers conferred under Section 94 of the BNSS, as well as the procedure required to be followed, now contemplated under Section 107 of the BNSS, has already quashed and set aside the impugned orders rejecting the applications for defreezing of the bank accounts. This Court had further granted liberty to the Investigating Officer to take appropriate steps in accordance with law under Section 107 of the BNSS. The judgment of this Court in Criminal Writ Petition No.188/2026 and other connected Writ Petitions is placed on record and marked as ‘X’ for identification.
Learned APP, upon instructions, submits that corrective steps have already been taken by filing an appropriate application under Section 107 of the BNSS seeking freezing of the suspicious bank account before the learned Trial Court. It is further submitted that, pursuant to the said application, the learned Magistrate has also issued notice to the concerned bank account holders vide order dated 29-06-2026.
Thus, taking into consideration the judgment dated 28-04-2026 passed in Criminal Writ Petition No.188/2026 and other connected writ petitions. Hence, I am inclined to pass the following order :-
Writ Petition is allowed.
Impugned order dated 22-12-2025 passed below Exhibit Nos.46 and 49 by the learned Judicial Magistrate First Class, (Court No.3), Nagpur in RCC No.2922/2025, rejecting the application seeking defreezing of the bank account, is hereby quashed and set aside.
The Investigating Officer is at liberty to file appropriate application, even in the case of the present petitioner, under Section 107 of the BNSS, if not already filed.
Liberty is granted to the Investigating Officer to pursue the proceedings under Section 107 of the BNSS, if already been initiated by the prosecution.
The Writ Petition is disposed of in the aforesaid terms.
Rule is made absolute.