The High Court · 2025

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 Writ, Order or Direction especially one in the Nature of Writ of Mandamus declaring the action of the official respondents herein more particularly the 3rd and 4th respondents in freezing the Bank Account of the petitioner i.e., Account No.3332500'1017072O1 w'rth 4th respondent Bank basing on a false complaint made by the 5th respondent herein and without registration of crime is as illegal, arbitrary, contrary to law and violation of Articles 14, 15, 16, 19 and 21 of Constitution of lndia and against the principles of natural justice and consequently direct the official respondents trerein more particularly the respondents 3 and 4 to defreeze the Bank Account of the petitioner i.e., No. 3332500101707201 with 4th respondent bank and continue with the transactions. lA NO: 1 OF 202s Petition under Section .l5'1 CPC praying that in the circumstances stated in the affidavit filed n support of the petition, the High Court may be pleased to direct the official respondents herein more particularly the respondents 3 and 4 to defreeze the Bank Account of the petitioner i-e., No. 3332500'101707201 with 4th respondent bank and continue with the transactions, pending disposal of the main writ petition in the ,nterest of justice Counsel for the Petitioner: SRl. G. SHIVA KUMAR Counsel for the Respondent Nos. 'lto3: AGP FOR HOME Counsel for the Respondent Nos.4&5:- The Court made the following: ORDER THE HON'BLE SRT JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.26452 of 2025 This u,rit petition is filed seeking the following prayer: "...declaring the action of the official respond.ents herein more particuLarly th.e 3rd and 4th respondents in freezing the Bank Account of the petitioner i.e., Account lVo 3332500101707201 with 4th respondent Bank basing on a false complaint made bg the Sth respondent herein and tuithout registration of crime is as ilLeg aL, arbitrary, contrary to law and uiolation of Articles 14, 15, 16, 19 and 21 of Constitution of India and against ttre principles of natural justice and consequentLg direct tle official respondents herein more particularlg the respondents 3 and 4 to defreeze the Bank Account of the petitioner i.e., No 3332500101707201 with 4th resporudent bank and conttnue utith the transactions . . . "

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 3. With their consent, this writ petition is taker-r up for disposal. Notice to respondent Nos.4 and 5 is hereby dispensed rvith. I 2

3. The facts of the case in brief as stated are that basing on the false arnd fi'ivolous online complaint lodgeci by, respondent No.5 hercin, respon<1ent No.3 rvithout registratior-r of FIlt has addreseed a lctter to respondent No.4/Bank to freeze lhe account cl the petitioner. Accordingly, respondent No.4 freezed tl,e account of the petitioner and was not allorving him to operate the same. It is submitted that petitioncr borrou,eC anounts from his iriends and relatives lor the purL)o:;e of business transactior-rs and that due to freezing of the petitioner's bank account, he is not i:r zr position to operate the said account. It is tLrther submitted that rcspondent No.S is well known person to petitioner and there were several business transactions bctrveen thenr. Subsequent to the freezing of petitior-rer's bank account, he immediately approached Cyber Crime Department and shown all the relevant documents proving his genuineness. Questioning the freezing of petitioner's Bank Accour-rt, the present writ petition is filed.

4. The Sub-Inspector of Police, Cyber Crime Police Station has placed a copy of instructions through learned I 3 Assistant Government Pleader for Home stating that on

24.OI.2025, respondent/Poiice received a complaint from respondent No.S stating that while he was browsing facebook, he came to know a facebook ID Vikram bajaj and opened their profile and also joined their Whatsapp group and downloaded IPO IDFC App through their link. They offered huge profits in share market, as such respondent No.S started investing the money in the account provided by them. The money is reflecting in the account, but respondent No.5, could not withdraw the same. Basing on the said complaint, respondent Police registered a case in Cr.No.195/2025 under Sections 66 C, 66 D of'IT Act and Section 318(4), 319(21, 336(3), 338, 340(2) of BNS and taiten up investigation. lt is submitted that petitioner has received an amount of Rs.25,OO,00O/- in Layer 1 in NCRP portal from complainant's SBI Bank Account and that during the course of investigation, on 25.01.2O25, t}l.e Investigating Officer sent notice to the Nodal Officer, Karnataka Bank to debit freeze and furnish the statement and related documents for the purpose of investigation. However, the petitioner has not approached the Investigatlug Officer and had not produced any material to .1 establish his innocence, and that freezing of petitioner's accoulrt is in accordance to larz,,. It is further submitted tha1" investigation IS undenvaJ, and if the petitioner's account is dcfreezcd, it mc.,r' harnper the proceedings. After complction ol investigation, a dctailed and final report will be submittect before the concerned Cour{ of law.

5. After erguing at length, lcarnccl courlsel for the petitioner submits that petitioner would approach Investigating Ofircer and produce all relcrrant document to prove his innocence

6. Recording the submissions of learned counsel on "either side, this writ petition is disposed of q,ith a direction [o respondr:nt authorities to coasidcr the docurnents, if any submitted by the petitioner, and thereafter take further course of action by following duc procedure AS contemplated under law.

7. With the above observations, this rvrit petition is disposed of. 5 Miscellaneotrs petitions, pending, if any, shall stand closed. However, there shall be no order as to costs. \ To, //TRUE COPY// Sd/-C.DEEPIKA ASSISTANT REGISTRAR G SECTION OFFICER

1. The Principal Secretary, Home Department, Secretariat, Hyderabad, TS - 508 o22.

2. The Commissioner of Police, Hyderabad. 3. The Station House Officer, Cyber Crime, Hyderabad, office at Basheerbagh, 4. One CC to SRl. G. SHIVA KUMAR, Advocate [OPUC] 5. Two CCs to GP FOR HOME , High Court for the State of Telangana at Hyderabad. Hyderabad [OUT]

6. Two CD Copies BM/DL Ny HIGH COURT DATED:031A912025 ES rA \ .5 t -"^ 2 0 JAlt 2026 ,r + ct) p.{.,r? ORDER WP.No.26452 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS fz tb "j