Heard learned counsels for the private parties and learned APP for the respondent - State of Gujarat.
Considering the fact that the petitioner has preferred the present petition challenging the action of CBI in freezing Account of the petitioner maintained with ICICI Bank directly before this Court without approaching the concerned learned Magistrate before whom the CBI has submitted report dated 17.08.2010 intimating about the freezing of ICICI account hold by petitioner, the petitioner is directed to raise all the contentions raised in the present petition, including to transfer amount lying in account No.405075325 into the interest bearing account, before the concerned learned Magistrate and if such application is filed by the petitioner before the concerned Magistrate, the said application shall be decided and disposed off preferably within 2 months from the date of filing of such application. It is clarified that concerned learned Magistrate shall decide the application without being influenced by the withdrawal of the present petition by the petitioner.
However, it will be open for the petitioner to request the respondent - bank for transfer of the account.
With the aforesaid, this petition stands disposed of.
[Anant S. Dave, J.] *pvv Top