Karnataka High Court
Mr Vivek Nagar vs The State Of Karnataka on 27 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:24240
WP No. 16235 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.16235 OF 2024 (GM-RES)
BETWEEN:
MR VIVEK NAGAR
S/O SATYAVEER NAGAR
AGED ABOUT 30 YEARS,
R/AT B-133, SECTOR 3, GREATER NOIDA,
WEST GAUTAM BUDDHA NAGAR,
UTTAR PRADESH - 201 301.
...PETITIONER
(BY SRI. SWAROOP S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY CEN CRIME POLICE STATION,
EAST DIVISION, BROADWAY ROAD,
SHIVAJI NAGAR,
BANGALORE - 560 051.
Digitally 2. SMT.SHEEBA MANOJ
signed by
Vandana S W/O MANOJ KUMAR,
Location: AGED ABOUT 41 YEARS,
HIGH COURT ADDRESS B61105, L & T,
OF SOUTH CITY, JP NAGAR, 7TH PHASE,
KARNATAKA
BANGALORE - 560 076.
3. ICICI BANK LIMITED
INFOSYS BRANCH,
C/O INFOSYS TECHNOLOGIES,
NO.44, 3RD CROSS, ELECTRONIC CITY,
HOSUR ROAD,
BANGALORE - 560 100.
...RESPONDENTS
(BY SRI. SUDEV HEGDE, AGA FOR R-1;
SRI. JAI M. PATIL, AND SMT. SRIDEVI, ADVOCATES FOR R-3)
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NC: 2024:KHC:24240
WP No. 16235 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED
COMMUNICATION DATED 31.05.2024 ISSUED BY THE R-3 TO
PETITIONER INTIMATING FREEZING OF THE PETITIONER'S BANK
ACCOUNT NO.036001564007 IN PURSUANT TO REGISTRATION OF
THE FIR IN CR.NO.0709/2024 DTD. 15.05.2024 AND THE COMPLAINT
REGISTERED BEFORE CITIZEN FINANCIAL CYBER FRAUDS
REPORTING AND MANAGEMENT SYSTEM (CFCFRMS) ON
16.05.2024 VIDE COMPLAINT ACKNOWLEDGMENT NO.
31605240035235 FILED BY THE R-2 AS THE SAME IS HIGHLY
ARBITRARY, AND WITHOUT THE AUTHORITY OF LAW (ANNX-A, B
AND C).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
(i) Issue a writ in the nature of certiorari or any other appropriate writ or order, setting aside the impugned communication dated 31.05.2024 issued by the respondent No.3 to petitioner intimating freezing of the petitioner's bank account No.036001564007, in pursuant to registration of the FIR in Cr.No.0709/2024 dated 15.05.2024 and the complaint registered before Citizen Financial Cyber Frauds Reporting and Management System (CFCFRMS) on 16.05.2024 vide complaint acknowledgment No.31605240035235 filed by the respondent No.2 as the same is highly arbitrary, and without the authority of law (Annexure - A, B & C);
(ii) Issue a writ in the nature of mandamus, or any other appropriate writ or order directing the respondent No.3 Bank to de-freeze the petitioner's bank account bearing No.036001564007 that is maintained with respondent No.3 Bank.-3-
NC: 2024:KHC:24240 WP No. 16235 of 2024
(iii) To pass any such order as this Hon'ble Court may deem fit in the facts and circumstances of the above case in the interest of justice."
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner invited my attention to the acknowledgement at Annexure - C relating to complaint dated 16.05.2024 in respect of various bank accounts including subject bank account No.036001564007 in order to point out that out of the total transaction amount of Rs.61,758/-, the disputed amount is only Rs.25,000/- and petitioner has no objection for a lien to be created on the said amount and necessary directions may be issued to the respondent - bank to defreeze the aforesaid subject account by marking a lien only to an extent of disputed amount, which is Rs.25,000/-. In support of his contention, he placed reliance upon the judgments of this Court in Razorpay Software Private Limited Vs. The State of Karnataka and another - W.P.No.62/2022 dated 22.09.2022 and N. Nagaraju Vs. State of Karnataka and another - W.P.No.27214/2023 dated 23.01.2024. -4-
NC: 2024:KHC:24240 WP No. 16235 of 2024
4. Per contra, learned counsel for respondent Nos.2 and 3 and learned AGA for respondent No.1 submits that the present petition may be disposed of in terms of the judgment passed in Razorpay Software Private Limited by marking a lien to an extent of Rs.25,000/- in the account of the petitioner.
5. In view of the aforesaid facts and circumstances and the judgment of this Court in Razorpay's case, I deem it just and appropriate to dispose of this petition directing to defreeze the aforesaid bank account No.036001564007 of the petitioner in respondent No.3 - bank by marking lien only to an extent of Rs.25,000/-. It is needless to state that marking of the said lien would be subject to the final out come of the investigation.
6. Subject to the aforesaid observations and directions, the petition stands disposed of.
Sd/-
JUDGE SV List No.: 1 Sl No.: 56