High Court · 2025

.....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or orders more particularly one in the nature of writ of Mandamus ('1) to direct the Respondent No. 6 and Respondent No. T through Respondent no.1 1o 5 to de-freeze the H.D.F.C. Joint account.and to de-freeze the credit cards of Eccount holder bearing no. 50100200652553. Rd no.1, Banjara Hills, Telangana, 500034, (2) to direct the Responden! Nc. 6 anfl Respondent No.7 through Respondent no. 1 to 5 to de-freeze the H.D.F.C. Single account bearing no, 50100759788367. Rd no.1, Banjara Hills, Telangana, 500034, (3) ta de-freeze the salary Account No. 20113716530, B6anch Mehdipatnam, as unknowingly joint accouni holder was transferred an amount Rs.4,19,000/- from H.D.F.0 bank Joint account bearing no.50'100200652553. Rd no. 1, panjara Hills, to their HDFQ account bearing no. 5010075Q788367, ftoad no 1, Eanjara hills, Telangana, 500034 and later to their SBI acceunt, MehdipatOam wilh accaunt Na. 2011371653Q. t.A.NO 10F 25 Pptition Under Section 151 CPC praying that in the circumstAnges stated in the affi{avit filed in support of the petition, the High Qoud may bg pleased to direct the Respondents No.1 ta 5 not to interfere with and net to pass any orders of restr_aints/qttachments on any Banking accqunts of thq pe{itionerg qnd stop any dubious callg in the name of probe and harassment severely impairing their medical practice of the Petitioners in the interest of justice pending disposal of the above writ petition. Coqnsel for the Petltioners : SRI SUNIL KUMAR JHA Goqnsel for (he Respo4dent No.1 : SRI GADI PRAVEEN KUMAR, PEPUTY SOLICITOR GENERAL OF INDIA Couns-ef for the Respondent Nos.2, 3 & 5 ; G,P FOR HOME Counsel for the-Regpondent No.4 : $Rl B.RAJESWAR REDDY Counsel for the Respondent Nos.6 & 7 : - The Court made the following ORDER HONOURABLE SRI JUSTICE P.SAM KOSHY AND HON'BLE SRIIUSTICE NARSING RAO NANDIKONDA WRIT PETITION NO.8678 OF2O25 ORDER: (per Hon'ble Sri Jwtice Narsing Rao Nandikonda) i) ii) This writ petition is Iiled seeking to following reliel to direct the Respondent No.6 and Respondent No.7 through Respondent Nos. I fo 5 to de-freeze the HDFC Joint account and to defreeze the credit cards of occount tnlder beaing No.5O 1O02O0652553, Road No.1, Banjara Hills, Telangana. to direct the Respondent Nos.6 and 7, through Respondent lVos. I to 5 to defreeze the HDFC single occount beaing No.5010O759788367, Road No.1, Banjara Hills, Telangana, to defreeze the salary Account No.2O11371653O, Mehd"ipotnam Branch, a.s unknouingly joint account holder was transkrred an amount Rs.4,10,000 from HDFC Bank Joint acaunt beaing No.5O1O0200652553, Road No.1, Banjara Hills to HDFC account bearing No.501O0759788367, Road no 1 Banjara Hills and later to SBI account Mehdipatnom LLith account No 2O11371653O.

2. Brief facts of the case are that petitioners Nos.l and 2 are wife and husband and both the petitioners a-re reputed Medical Doctors. On 30.08.2024, petitioner No.1 received a call from an unknown person stating that his Aadhaar card is linked with some money laundering case arld due to which the petitioner had to face consequence of digital arrest. He was asked to deposit an amount of 2 PSKJ & NNN WP No.8678 al2A25 Rs.5,06,000/- to the Government Digital account Bearinc, No.20lO0O3O3715lS, Bandhan Bank, Uttar pradesh. The petitioner No.l believing the words of the unknown person transferred an Amount of Rs.5,06,000/- from his joint account i.e. HDFC bearing Account No.50100200652553, Banjara Hills Brarrch, Hyderabad to the said Bandhan Balk Account.

3. It is contended that thereafter petitioner No. 1 reari2ed that he was deceived and cheated by unknown person on the pretext of digital arrest. He immediately on 30.Og.2024, contacted.quick help through Nodal Officer, Bandhan bark, Hyderabad and also lodged a complaint with cyber crime Gachibowli, cyber commissionerate Ranga Reddy District. The cyber crime Gachibowli instructed the Bardhan Bank on tl:e same day i.e., 3O.OS.2O24 to lean of Rs.5,00,907/-. Subsequently, the Cyber Crime had hled a report issued by the Nationa_l Cyber Reporting platform and lodged F.I.R No.57 48 / 2024 on 3 t.O8.2O24. 4' It is contended that petitioner No. 1 preferred petition before the learned IX Addl.Judicial Magistrate of First Class, Kukatpafly, Ranga Reddy District and the learned Magistrate has passed the order, dated 06'09'2024 in favour of petitioner No.1, directing the Bandhan bank to refund the lien amount of Rs.5,O0,9OZ/_ to the petitioner,s joint account i.e., Bearing No.501OO200652553. As per the order of \ ^.. I "/ t I -- I PSK] & NNRJ WP No.a678 ol2025 Iearned Magistrate, the Bandhal Bank had released an amount of Rs.5,00,877/- in the petitioner's joint account.

5. As matter stood, petitioner No.2 who is joint account holder in HDFC Joint Account Bearing No.501002O0652553, Banjara Hills Branch, had transferred a total amount of Rs.4,1O,OOO/- to her sjngle account bearing account No.50i00759788367 on the same day when the refund was received in the joint account (HDFC) i.e., on 24.10.2024, Meanwhile, Chennai Cyber Crime Police Station put a lien on joint HDFC accounts bearing number 50i002O0652553 and also on and petitioner No.2 single HDFC account bearing number 50 100759788367. Thereafter, petitioner No.2 transferred Z,OO,tOO 1 - to her salar5r account i.e., SBI account bearing 201 13716530, Mehdipatnam Branch, Hyderabad. Immediately, the petitioners received an SMS with the caption "Dear customer hold hqs been placed on Aour account bearing number XXXX71653O for Rs.2,50,100/- for tte reason hold - Cgber cell - SBI." Subsequent another SMS received with the caption that oDear customer ttald hlrs been placed on Aour account XXXXXX71653O for Rs.9O,OOO for ttrc reason lnld - cyber cell - SBI." Thereafter petitioner made al enquiry and came to know that an amount of Rs.4,96,000 of the petitioners HDFC joint account bearing No.50100200652553, was placed on lean, aggrieved by the same, the instant writ petition is filed. \/ \ .-...*.--+}**"#€'' 4 .-] PSKI & NNR] wP No.8678 of 2025

6. Sri Sunil Kumar Jha, learned counsel for the petitioners contended that Rs.4,9O,0OO/- in the petitioner Joint HDFC account and Rs.4,09,646 l- in HDFC persondl account (petitioner No.2) and Rs.3,40,100/- in SBI account was kept on lien by the Baptla.Police, Bapatla Rural, Bapatla District, Andhra Pradesh on 27.12.2024, without verifying ground realities, thereby petitioners are now living in acute fear in apprehension of danger to their hard earned money which is deposited in their banks may not be defreeze, as the banks accounts of the petitioners are under freeze without any jr-rstification and the credits cards links to their bank accounts were also frozen and now the police authorities as well as HDFC bank are seeking a certificate of the amount received from the Bandhan bank to HDFC barrk on 24 1O.2O24. .

7. Learned counsel for the petitioners further contended that the learned Magistrate has clearly instructed the Bandhal Bank to refund the said amount in petitioners joint account and in terms of order passed by the learned Magrstrate, the Bandhan Bank had refunded the said amount in petitioners joint account, however without verifying the facts and documents properly, the respondent authorities are seeking certilicate for the amount received from Bandhan Bank, which is illegal and bad in law and prays this Court to direct the respondent authorities to defeeze the petitioners bank I r'-. // i 5 PSKI & NNPJ wP No.8678 of 2025 account and credit card and a-llow the instant writ petition as prayed for.

8. Heard Sri Mahesh Raje, learned Government Pleader for Home (Telangana) appearing for the respondent Nos.2 and 3 arld Sri Sr.B.Rajeshwar Reddy, learned Government Pleader for Home (Andhra Pradesh) appearing for respondent No-4- g. During the course of argument, learned Government Pleader for respondent No.4 has placed the instructions received by them from the Bapatla Rural Police, Bapatla District, Andhra Pradesh that another similar case was registered in Bapatla Rural Police station. Accordingly to the Police officials they received a complaint from one Sri Indla Haribabu, in which it is stated that he is a retired Bank Manager at Punjab National Bank and on 17.08.2024, one person called and told him that he is from Mumbai Police and made allegation against him for committing fraud and threatened him that he is liable for digital arrest and demanded money and also told him that after verilication, if he found innocent, the said amount would be refunded, believing the words the complainant deposited Rs.3,80,000 and Rs.S,9O,OOO from his Punjab National Bank into the account of Bandhan bank Ac.No.20100030371515 on 30.Oa.2O24 and he deposited an amount to a tune of Rs.9,7O,0OO in total to the above Bandhan Bank. Later the complainant lodged report in Cyber Portal \-- ./ -"- L.. 6 PSKJ & NNRT wP No.8678 of 2025 , - account, and during the investigation it is noticed that from the Bandhan Bank Ac.No.2O1OOO3O37l5l5, an amounr of Rs.S,OS,SZZ has been transferred HDFC Bank (i.e., Joint Account of petitioner) and thereafter to HDFC joint account horder transferred the said amount into two different bank accounts, i.e., 2"d petitioner,s HDFC account and SBI account. I io. Learned Government pleader for Home further contended that the writ petitions herein and Sri Indla Hari Babu were cheated by the sarne accused arrd both the victims have deposited the amount into the sarne account i.e., Bandhan bank account bearing No.20100030371515. Since the complainant Indla Hari Babu of Bapatla lodged report in Cyber police portal, the accounts of suspected persons and then the accounts in which the amounts were transferred from account of suspected persons have been put on hold automatically a,d submits that since the amount was transferred from accused account to writ petitioners account, the writ petitioners accounts were put on lien. 1 1. Heard both sides. perused the materia_l on record.

12. Admittedly, writ petitioners and one sri Indla Hari Babu are cyber victims a.d they have been cheated by the same person and made them to transfer the amount into Bandhan Bank account 7 PSK] & NNRI wP No.a678 of 2025 - bearing No.2O 1OOO3O371515. As far as writ petitioners are concerned, the petitioners after noticing that the petitioners were deceived and cheated by unknown person on the pretext of digital arresthadlodgedacomplaintwithCyberCrimeGachibowli,Cyber Commissionerate, Ranga Reddy District and lodged F I'R No.574812024 on 31.08.2024. Thereafter, learned Magistrate passed the order, dated 06.09.2024 in favour of petitioner No.1, directing the Bandhan Bank to refund the lien amount of Rs'5,O0,9O7/- to the petitioner's joint account and in terms of the order passed by learned Magistrate, the Bandhan Bank had released al amount of Rs.5,00,877/- in the petitioner,s joint account. Hence, the petitioners have received the amount through proper procedure and also in accordance with law and also there is no crime registered on the petitioners, as the petitioners themselves being cyber victim and freezingthepetitionersaccountsalnountstovictimisingthevictim once again. Hence, the freezing of petitioners accounts, pima facie appears to be illegal and the same has to be defreeze'

13. Accordingly, this Court can safely come to a conclusion that respondents cannot insist for a certificate from the petitioners of the amount received from the Bandhan bank to the petitioners' joint account to defreeze the petitioners accounts, as the amount was refunded in the petitioners HDFC,J,oint Account in terms of the order, \ t f, _-L -8t 8 \ --" .r \l PSN & NNE! wP No.A678 ol2025 - dated 06'og'2024 passed by the learned IX Addl.Judiciar Magistrate of First Class, Kukatpally, Raaga Reddy District.

14. In view of the above observations, this writ petition is allowed. The respondents are directed d.efreeze the petitioner,s HDFC joint account Bearing No.5O10020O652S53, HDFC Single Account Bearing No.5OiOO759T88367 and SBI Bearing Account No.20113716530 and also credit cards linked to the said accounts, subject to the petitioners ensuing an amount of Rs. 5,OO,8ZZ/- permanently retained as minimum balance in the HDFC joint bearing Account No'So1002o0652553, tilr the conclusion of the criminal proceedings in the said cyber crime.

15. All miscellaneous applications, if any pending, shall also stand closed. No order as to costs. //TRUE COPYII SD/.P. PADMANABHA REDDY YUTY REGISTRAR To FECTION OFFICER Secretariat, New Delhi i 10001. '1 The Secretary Union Of lndia, Ministry of Home A irs, North Block, Central 2. The State of Telangana, principal Secret?U, Home Department, Government of TelanganT, Hydi.'iabad 3. The DiJector General of t ! ln^e !{ignal Cyber Crimp Repqrting poflpt, eirector, TSCSB 6 I q F 9 BINK:Nod;lofficerhndhL priou.rt rno t"r.nsina centre, folice Hyderabqd, Governr4ent of Telangana "i nno6,, piio*n' rillnlaragiri, [|"n,?||ffi1,,!;ffi!r, or Porice, dove..n,ii"t l lyderqbad 't1.D.F 0 salh Banjara Hills, Hyderabad - 500 034 !t-d,, sth Frooi, HDFC Bank u-oiise, gqal t\io r. 7. State Bank of lndia, Noda.t Officir: Locgt Flead, State Ba4k of lndia, Office, 8. Iwo CC's to G p FOR HOME, High Cgurt for the State of Telangana at ?^ 9n" CC to SRI SUNIL K.UI\4AB JHA, Adyocate topucl i0.one cc to SRI B RAJESTwAti REDDi, A;;;';;1deucl 1 1 . one cc to SR I ^AD I pRA-vEEN -kuMii,-;HuiV " -' -*' " '| ! Hyderabad (OUT) QF IND|A Advocate tOpUCl "oltc,.oR GE NERAL

12.Two CD Copies SA Rq 'S'ir..- i! (J -t- .( a oR 'rHE S I,1 16 APfr 2W !n, -CHF (. 3 a HIGH COURT DATED:0210412025 ORDER WP.No.8678 of 2025 ALLOWING THE W.P WITHOUT COSTS. @qr+