High CourtDivision BenchAppeal disposed of

CENTRAL BANK OF INDIA v. HUSAINY FAKHRUDDIN AND OTHERS

Case / Petition Number:Criminal Appeal No. 968 of 2011
Neutral Citation:[2017] 2 S.C.R. 331

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Kurian, J.
  • A. M. Khanwilkar, J.
Judgment Date
2017-01-31
Court Decision / Holding
The appeal is disposed of with a direction to the appellant-bank to release the deposits made by Respondents 1 to 4, in case the same are not to be withheld for any other reason. The needful be done within a week from the date of receipt of copy of this Judgment. There shall be no order as to costs.
Final Disposition
Appeal disposed of

Parties to the Case

Appellants / Petitioners

  • CENTRAL BANK OF INDIA

Respondents

  • HUSAINY FAKHRUDDIN AND OTHERS

Legal Representation & Advocates

Counsels for Petitioners

  • • Jaideep Gupta
  • • Dinesh Mathur
  • • Priyanka Bharti

Counsels for Respondents

  • • Madhavi Divan
  • • Sharavanth Paruchuri
  • • Rajal Nair
  • • Arvind Kumar Sharma

Case Synopsis & Summary

Central Bank of India v. Husainy Fakhruddin and Others concerns the release of deposits deposited by four respondents and the procedural battle over whether those deposits should remain blocked pending an investigation. In 2005, during a withdrawal request, the Central Bureau of Investigation (CBI) instructed the appellant-bank not to release the deposits until a reference from the CBI or the Special Court was received. Respondents I to IV challenged that directive in a Criminal Writ Petition before the Bombay High Court, which ultimately directed the bank to release the funds in its impugned order of July 23, 2010. The CBI, on instruction, informed the Court that it had withdrawn its objection to release, stating that there was no longer any impediment from the agency’s side. On this basis, the Supreme Court held that the principal objection to release—the CBI’s earlier instruction—had been withdrawn, and there was no remaining objection to the release. The Court disposed of the appeal with a directive to the bank to release the deposits within a week of receiving a copy of the judgment, provided there were no other reasons to withhold. The Court left open questions of law, indicating that the outcome relied on the withdrawal of CBI’s objection rather than on a detailed re-examination of the merits.

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant-bank's challenge to the High Court’s order stemmed from the CBI’s earlier objection to releasing the deposits. It contended that, pending a reference from the investigating authorities or a directive from a competent court, the funds should remain withheld to avoid undermining the investigation. With the CBI’s withdrawal of its objection, the Bank argued there was no constitutional or statutory requirement to continue blockage, and that the direction to release should be considered unconditional in the absence of any further impediment. The Bank asserted that the High Court’s decision improperly encroached upon the agency’s investigative prerogatives and that any release should be conditioned only by legal constraints then in force.

Contentions of Respondents

The respondents argued that the High Court correctly directed the release of the deposits, highlighting that the sole basis for withholding—the CBI’s instruction—had been withdrawn. They contended there was no ongoing reference, no outstanding objection from any authority, and that continued detention of funds would cause undue hardship and prejudice to the respondents. They urged unconditional release within a short timeframe to avoid further detention, asserting that the withdrawal of the CBI’s objection removed the legitimate basis for blocking the funds.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against CENTRAL BANK OF INDIA v. HUSAINY FAKHRUDDIN AND OTHERS and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

[2017] 2 S.C.R. 331 A ## CENTRAL BANK OF INDIA v. ## HUSAINY FAKHRUDDIN AND OTHERS (Criminal Appeal No. 968of2011) JANUARY 31, 2017 B ## **[KURIAN JOSEPH AND A. M. KHANWILKAR, JJ.]** _Supreme Court_ - _Directions_ - _Release of bank deposits made_ - _by respondents CBI requested appellant-bank not to release the deposits till a reference was given by CBI or the special court concerned_ - _Respondent filed writ Petition_ - _High Court directed appellant-bank to release the deposit_ - _On appeal, held: The main objection was of CBI, which subsequently had withdrawn its request and there was no objection for release of the amounts_ - _Hence, appeal disposed of with direction to appellant-bank to release the deposits within stipulated time frame, in case the same were not withheld for any other reason._ c D CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 968 of20I I. From the Judgment and Order dated 23.07.20IO of the High Court of Judicature at Bombay Nagpur Bench, Nagpur in Criminal Writ Petition No. 496 of2006. E Jaideep Gupta, Sr. Adv., Dinesh Mathur, Ms. Priyanka Bharti, (For _Mis._ Dua Associates), Advs. for the Appellant. Ms. Madhavi Divan, Sharavanth Paruchuri, (For _Mis._ M. Rambabu & Co.), Raja! Nair (For Mukesh Kumar Maroria), Arvind Kumar Sharma, Advs. for the Respondents. F ## The Judgment of the Court was delivered by **KURIAN, J.** I. Appellant is aggrieved by the impugned judgement whereby the High Court has directed the appellant to release the deposits made by Respondents I to 4. When the request for withdrawal of the money was being processed, the Central Bureau of Investigation ("CBI", for short), by communication dated 06.12.2005, requested the appellant-Bank not to release the deposits ... "till you receive any reference from this office or the Special Court, Ako la ... ". G H 331 332 SUPREME COURT REPORTS [2017] 2 S.C.R. A 2. Respondents I to 4 challenged the same before the High Court in Criminal Writ Petition No. 496 of2006. The Writ Petition was allowed by the impugned judgment dated 23 .07 .20 I 0 directing the Bank to release the amounts, and hence, the appeal. 3. Learned Counsel for the CBI, on instruction, submits that they B have withdrawn their request to the Bank, and from their side, there is no objection for release of the amounts. 4. In that view of the matter, it is not necessary to go into the various contentions raised by learned Senior Counsel appearing for the Bank. Hence we leave open all questions of law. The main objection to c the release was the request made by the CBI and hence, this appeal is disposed of with a direction to the appellant-Bank to release the deposits made by Respondents 1 to 4, in case the same are not to be withheld for any other reason. The needful be done within a week from the date of receipt of copy of this Judgment. o 5. There shall be no order as to costs. **Ankit Gyan** Appeal disposed of.