Gauhati High Court
Hdfc Bank vs The State Of Assam And Anr on 5 August, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010102782025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./676/2025
HDFC BANK
A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES
ACT, 1956 HAVING ITS REGISTERED OFFICE AT HDFC BANK HOUSE,
SENAPATI BAPAT MARG, LOWER PAREL (W), MUMBAI-400013 AND
HAVING ITS BRANCH OFFICE AT HDFC BANK LTD., FANCY BAZAR
BRANCH AND REPRESENTED BY ITS BRANCH MANAGER, FANCY BAZAR
BRANCH NAMELY PARTHA PRATIM BHARALI AS AUTHORIZED
SIGNATORY OF THE BRANCH.
VERSUS
THE STATE OF ASSAM AND ANR
DULY REPRESENTED BY THE COMMISSIONER OF POLICE (CYBER UNIT),
POLICE COMMISSIONERATE AND SECRETARY TO THE GOVERNMENT OF
ASSAM, PAN BAZAR, GUWAHATI-781001, KAMRUP (M), ASSAM.
2:AMIT CHOUDHARY
S/O RAJKUMAR CHOUDHARY
R/O FLAT NO. C3C
SUBHAM ELIGHT
GANDHI BASTI TINIALI
GUWAHATI
ASSA
Advocate for the Petitioner : MR S CHAKRABORTY, P NANDI,B BORA,MR. M SMITH
Advocate for the Respondent : PP, ASSAM, MR. A MOUR (R2),MR S K AGARWAL (R2)
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 05.08.2025 Heard Mr. M. Smith, learned counsel for the petitioner; Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent no. 1, State of Assam; and Mr. S.K. Agarwal, learned counsel for the respondent no. 2.
2. The respondent no. 2 as the informant, lodged a First Information Report [FIR] before the Officer In-Charge, Cyber Crime Police Station, Guwahati alleging inter that that he was given invitation to join a WhatsApp group namely, SMCML Business Studies III B404 ['the Group', for short]. On 27.03.2024, he joined the group after receiving a link in the WhatsApp account of his mobile number. The Group promised to guide all the interested persons including the respondent no. 2-informant regarding the finer details and art of investing in the share market for realizing maximum profits from the trading of shares. As per the instructions given by a Group member projecting as Professor, the petitioner made investment of Rs. 1.30 crores by transferring the amount to another account as per the instructions. Stating that he had been duped by perpetration of fraud by cyber criminals acting in the name of investment consultants, by using the Group, the FIR was lodged requesting to make investigation into the entire matter.
3. The FIR was initially registered as Cyber Police Station General Diary Entry no. 011 dated 17.05.2024. In reference to Cyber Police Station General Diary Entry no. 011 dated 17.05.2024, instruction was placed before the petitioner, HDFC Bank by the Assistant Commissioner of Police [Cyber Unit] Police Commissionerate, Guwahati to debit freeze a particular account, A/c no.
Page No.# 3/5 50200091308669 with IFSC Code HDFC0000957 with a further instruction to provide the Bank Statement w.e.f. 01.01.2024 to 17.05.2024. A Report was also made by the Assistant Commissioner of Police [Cyber Unit] Police Commissionerate, Guwahati that an amount of Rs. 6,32,820.73 was found deposited in A/c no. 50200091308669 with IFSC Code HDFC0000957, which is a Bank Account in the name of one Sri Khodiyar Auto Garage at HDFC Bank at Nootan Nagar Mahuva. In the Report, the Assistant Commissioner of Police [Cyber Unit] Police Commissionerate, Guwahati further mentioned that the said Bank Account was successfully put on hold.
4. It was on placement of the said Report, the Court of learned Sub- Divisional Judicial Magistrate [S]-II, Kamrup [M], Guwahati in connection with Cyber Police Station General Diary Entry no. 011 dated 17.05.2024 passed an Order on 04.06.2024, a copy of which has been annexed as Annexure-4 to the instant petition. By the said Order, the learned Court after considering the submissions made in the Report of the I.O., directed the respondent no. 2- informant to approach the concerned HDFC Bank seeking a refund of the full amount to the Account no. of the respondent no. 2-informant. The learned Sub- Divisional Judicial Magistrate [S]-II, Kamrup [M] also observed that in the event the respondent no. 2-informant would approach the petitioner bank with all the necessary documents, the petitioner Bank shall do the needful as per the provisions of law.
5. The instant criminal petition is preferred assailing the Order dated 04.06.2024 passed by the Court of learned Sub-Divisional Judicial Magistrate [S]-II, Kamrup [M] inter alia on the ground that the money deposited in respect of Account Number 50200091308669 on the date of the said Report was Rs.
Page No.# 4/5 6,32,820.73. But in respect of the said amount, a nos. of orders from various statutory authorities in the form of keeping lien have been made and as such, it is not possible for the respondent Bank to solely cater to the direction made in the Order dated 04.06.2024 passed by the learned Sub-Divisional Judicial Magistrate [S]-II, Kamrup [M]. It is submitted that if the petitioner Bank complies with the direction made in the Order dated 04.06.2024, there would be violations of the Orders passed by different other statutory authorities. Copies of a nos. of orders passed by different authorities are annexed to the petition.
6. Issue notice, returnable in 4 [four] weeks.
7. As Mr. Goswami, learned Additional Public Prosecutor has appeared and accepted notice on behalf of the respondent no. 1 and Mr. Agarwal, learned counsel has appeared and accepted notice on behalf of the respondent no. 2, issuance of formal notice to the said respondents is dispensed with. However, extra copy of the petition along with annexures is to be furnished to Mr. Goswami and Mr. Agarwal within 3 [three] working days from today.
8. Having regard to the projections made and after perusal of the materials brought on record, it is ordered that the operation of the Order dated 04.06.2024 passed by the learned Sub-Divisional Judicial Magistrate [S]-II, Kamrup [M] in reference to Cyber Police Station General Diary Entry no. 011 dated 17.05.2024 and Cyber Police Station Case no. 15/2024 shall remain suspended till the returnable date.
9. Mr. Goswami, learned Additional Public Prosecutor shall place a status report from the I.O. as regards investigation made in connection with Cyber Page No.# 5/5 Police Station General Diary Entry no. 011 and Cyber Police Station Case no. 15/2024 on the returnable date.
JUDGE Comparing Assistant