HON’BLE SRI JUSTICE B. SESHASAYANA REDDY Crl.R.C.No. 830 of 2009 O R D E R: This Revision is directed against the order, dated 09.02.2009 passed in Crl. R.P. No. 5 of 2009 on the file of the Principal Sessions Judge, Nalgonda, whereby and whereunder the learned Principal Sessions Judge allowed the revision setting aside the order passed by the Judicial Magistrate of I Class (Special Mobile Court), Nalgonda, i/c of Judicial Magistrate of I Class, Suryapet, in Crl.M.P.No. 61 of 2009 in Crime No. 213 of 2009 of Suryapet Town Police Station. Paragraph 20 of the order impugned in the Revision reads as hereunder: “ In the result, the Criminal Revision is allowed, setting aside the impugned order passed by the Judicial First Class Magistrate (Special Mobile Court) Nalgonda i/c Judicial First Class Magistrate, Suryapet, in Crl.M.P.No. 61 of 2009 in Cr.No. 213 of 2009 of P.S. Suryapet. The Crl.M.P.No. 61 of 2009 is allowed and the respondents No. 1 to 3 are directed to defreeze the petition schedule accounts viz. 1) S.B. Account No. 62033668377 (S.B.H. Suryapet (M) Branch) 2) Current Account No. 62038667991 (S.B.H. Suryapet (M) Branch) which are standing in the name of T. Saidulu (petitioner). 3) Current Account No. 62048914576 (S.B.H. Suryapet (M) Branch standing the name of Pishonu Marketing Ltd. 4) S.B.H. Account No. 62050353375 (S.B.H. Suryapet (M) Branch) which are standing in the name of T.Narayanamma. 5) S.B. Account No. 6801000003100 (The Laxmi Vilas Bank, Suryapet Branch) standing in the name of petitioner and 6) Current Account No. 680351000003148. The Laxmi Vilas Bank Suryapet Branch standing in the name of Pishonu Marketing Ltd. As prayed for.” The respondent herein is an accused in Crime No. 307 of 2008 of Suryapet Town Police Station. A suo motu case came to be registered by the S.H.O., Suryapet Town Police Station against the respondent herein in Crime No. 213 of 2009 for the offences under Sections 406, 409 and 420 I.P.C. on 18.07.2008. It appears that the Investigating Officer seized bank accounts of the accused during the course of investigation. Thereupon, the accused filed Crl.M.P. No. 61 of 2009 under Section 457 of the Code of Criminal Procedure for de-freezing the accounts. In the meanwhile, the police also filed a memo before the learned Magistrate for adding Sections 3 and 5 of the Prize Money Circulation Scheme (Banning) Act, 1978. The learned Magistrate passed the following docket order on 02.02.2009 : “ Memo filed by the counsel for the petitioner is disallowed, in view of the adding Memo filed by the Special Investigating Officer in this case adding Section 3 and 5 of Prize Chits and Money Circulation Banning Act, 1978, this Court has no jurisdiction to try the offence under the Special Act and only the Officer not lower than the rank of Chief Judicial Magistrate has got jurisdiction to try the offences under the Special Act as laid down under Sec. 9 of the Act. Hence, this petition and the entire crime record are ordered to be sent to the Court of Chief Judicial Magistrate, Nalgonda. Section is directed to duly index the file and send to the Court of Chief Judicial Magistrate, Nalgonda.” The docket order passed by the Judicial Magistrate of I Class, Special Mobile Court, Nalgonda, i/c of Judicial Magistrate of I Class, Suryapet came to be challenged by the accused by filing Revision before the Sessions Judge, Nalgonda. The learned Sessions Judge, on considering the material brought on record and on hearing the counsel appearing for the parties, proceeded to allow the revision setting aside the docket order passed by the Judicial Magistrate of I Class, Special Mobile Court, Nalgonda, I/c of Judicial Magistrate of I Class, Suryapet in Crl.M.P.No. 61 of 2009 in Crime No. 213 of 2008 of Suryapet Town Police Station. The said order is assailed in this Revision. When the Revision came up for admission, the respondent-accused entered appearance through a counsel. Heard learned Additional Public Prosecutor appearing for the State and learned counsel appearing for the respondent – accused. Learned Additional Public Prosecutor submits that the order impugned in Crl.R.P. No. 5 of f 2009 is only an endorsement and the learned Magistrate has not passed any speaking orders on the Application filed by the respondent- accused, in which case, the matter needs to be remanded back to the learned Magistrate for passing appropriate orders on the Application being Crl.M.P.No. 61 of 2009 filed by the respondent-accused. Learned counsel appearing for the respondent-accused submits that the very act of the police in freezing the accounts is in contravention of the provisions of the Code of Criminal Procedure and, therefore, the learned Sessions Judge is justified in de-freezing the accounts. I have given my anxious consideration to the rival contentions of the parties. The respondent-accused filed Crl.M.P.No. 61 of 2009 under Section 457 of the Code of Criminal Procedure seeking the relief of de-freezing the accounts. The learned Magistrate has not passed any orders on the said Application, consequent on the police filing a memo for adding Sections 3 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. The Revisional Court exceeded its jurisdiction in de-freezing the accounts of the respondent-accused. Therefore, I am inclined to allow the revision, setting aside the order passed by the Principal Sessions Judge, Nalgonda in Crl.R.P.No. 5 of 2009 and remand the matter back to the Chief Judicial Magistrate to consider the Application filed by the respondent-accused under Section 457 of the Code of Criminal Procedure in Crl. M.P. No. 61 of 2008 and pass appropriate orders as expeditiously as possible, preferably within one month from the date of receipt of a copy of this order. The Criminal Revision Case is accordingly allowed at the stage of admission itself. ------------------------------------ (B. SESHASAYANA REDDY, J) 12th October 2009 Note: Issue CC in two days. ksld