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2025 DAILYLAW 108207 (MAD)

SUBASH BALAKRISHNAN v. THE JOINT SECRETARY

WP/4689/2025 · 2025-02-12

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.4689 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.4689 of 2025 and W.M.P.No.5196 of 2025 Subash Balakrishnan ... Petitioner Vs. 1. The Joint Secretary, Ministry of Home Affairs, North Block, New Delhi – 110 001. 2.The Joint Secretary Cyber And Information Security (C And Is) Division, Ministry Of Home Affairs, North Block, New Delhi 110 001 3. The Deputy Secretary Cyber And Information Security (C And Is) Division, Ministry Of Home Affairs, North Block, New Delhi 110 001 4 The Chief Executive Officer ( CEO) Indian Cybercrime Coordination Centre, 5th Floor, NDCC II Building Jai Singh Road, New Delhi 110 001 p. 2 W.P.No.4689 of 2025 5. The Reserve Bank Of India Represented By Its Governor 16th Floor, Central Office Building, Shahid Bhagat Singh Road, Mumbai 400 001 6. The superintendent Of Police CT&R, CID Office Of The Director Generla Of Police CID Special Units And Economic Offences Bengaluru 560 052 7. The Superintendent Of Police District Police Office, Tamaka, Kolar District, Karnataka 563 103 8.The Deputy Superintendent Of Police Kolar Sub Division Gandhinagar, Kolar Town Kolar Distrct, Karnataka 563 103 9. The Stateion House Office (SHO) Malur Police Station, Hosur Road, Malur Town, Kolar District, Karnataka 10. The Axis Bank R.A. Puram Branch No 40, 2nd Main Road, R.A. Puram, Chennai 600 028 11. The Nodal Officer, Axis Bank Limited Chennai Circle Office, II Floor No.3, Club House Road, Chennai 600 002 ... Respondents p. 3 W.P.No.4689 of 2025 Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 1st to 5th respondents to frame a guideline/mechanism to be adopted in the cases of lien marking or freezing of bank accounts due to cyber related complaints given across the country, in order to present any more mechanical and arbitrary manner of lien marking or freezing of bank accounts. For Petitioner : Mr.M.Mohamed Muzammil For Respondents For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) ORDER This writ petition has been filed for direction to direct the respondents 1 to 5, to frame a guideline/mechanism to be adopted in the cases of lien marking or freezing of bank accounts due to cyber related complaints given across the country, in order to present any more mechanical and arbitrary manner of lien marking or freezing of bank accounts. 2. Already there is a specific provision and proceedure as contemplated under Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to freeze the bank account. No one can frame any guideline/mechanism to be adopted in the cases of lien marking or freezing of bank accounts due to cyber related complaints. Therefore, the p. 4 W.P.No.4689 of 2025 prayer sought for in this writ petition cannot be considered and the writ petition itself devoid of merits and liable to be dismissed. 4. Accordingly, the Writ Petition stands dismissed. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs. 12.02.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order rts To 1. The Joint Secretary, Ministry of Home Affairs, North Block, New Delhi – 110 001. 2.The Joint Secretary Cyber And Information Security (C And Is) Division, Ministry Of Home Affairs, North Block, New Delhi 110 001 3. The Deputy Secretary Cyber And Information Security (C And Is) Division, Ministry Of Home Affairs, North Block, New Delhi 110 001 4 The Chief Executive Officer ( CEO) Indian Cybercrime Coordination Centre, p. 5 W.P.No.4689 of 2025 5th Floor, NDCC II Building Jai Singh Road, New Delhi 110 001 5. The Reserve Bank Of India Represented By Its Governor 16th Floor, Central Office Building, Shahid Bhagat Singh Road, Mumbai 400 001 6. The Superintendent Of Police CT&R, CID Office Of The Director Generla Of Police CID Special Units And Economic Offences Bengaluru 560 052 7. The Superintendent Of Police District Police Office, Tamaka, Kolar District, Karnataka 563 103 8.The Deputy Superintendent Of Police Kolar Sub Division Gandhinagar, Kolar Town Kolar Distrct, Karnataka 563 103 9. The Stateion House Office (SHO) Malur Police Station, Hosur Road, Malur Town, Kolar District, Karnataka 10. The Axis Bank R.A. Puram Branch No 40, 2nd Main Road, R.A. Puram, Chennai 600 028 p. 6 W.P.No.4689 of 2025 G.K.ILANTHIRAIYAN. J, rts 11. The Nodal Officer Axis Bank Limited Chennai Circle Office, II Floor No.3, Club House Road, Chennai 600 002 12. The Public Prosecutor, Madras High Court, Chennai. W.P.No.4689 of 2025 and W.M.P.No.5196 of 2025 12.02.2025