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2025 DAILYLAW 106179 (ALL)

SMT MEENAKSHI v. State of U.P. AND 2 OTHERS

WRIC/37142/2024 · 2025-01-24

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13038-DB Court No. - 29 Case :- WRIT - C No. - 37142 of 2024 Petitioner :- Smt Meenakshi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manju Verma,R.L. Varma Counsel for Respondent :- Amrish Sahai,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner holds a Savings Bank Account in the respondent-Bank. She has approached this Court with the grievance that without any authority of law the respondents have freezed her account and the amount which was lying in her account is not being permitted to be withdrawn. A counter affidavit has been filed by the respondent-Bank stating that certain amount has been unauthorizedly credited in the account of the petitioner, as per the report lodged by the National Cyber Crime Reporting Portal on 08.01.2024, from the State of Kerala. It is alleged that in terms of the instructions the Bank has withheld the operation of the account so that the wrongly credited amount may not be further transferred to the detriment of the claimant, who is a victim of fraud from the State of Kerala. Learned counsel for the petitioner states that the amount wrongly credited in her account may be retained/ freezed but other funds of the petitioner be permitted to be withdrawn as the petitioner is a lady who is in urgent need of funds for various necessary purposes. We find the submission of the petitioner to be reasonable inasmuch, as the payments credited unauthorizedly in the petitioner's account although, may be freezed by the Bank, but other amounts lying in the account of the petitioner to her credit ought to be permitted to be withdrawn on the asking of the account holder. The respondent- Bank, therefore, is directed to allow the petitioner to deal with her funds, except the amount which is wrongly credited in her account. Writ petition accordingly, stands disposed of. Order Date :- 24.1.2025/A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad