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2025 DAILYLAW 112228 (ALL)

BRIJESH KUMAR v. STATE OF U.P. AND ANOTHER

WRIC/42576/2024 · 2025-04-07

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50475-DB Court No. - 29 Case :- WRIT - C No. - 42576 of 2024 Petitioner :- Brijesh Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Kailash Pati Singh Yadav,Ravi Shankar Yadav Counsel for Respondent :- C.S.C.,Satish Chaturvedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the parties. Grievance is that without any justification, the bank account of the petitioner has been freezed. A document of the respondent-bank annexed at page no.85 has been relied upon, as per which there is no involvement of the petitioner's account in any offence. On the previous occasion, we invited counter affidavit in the matter from the concerned bank. An affidavit has been filed by Branch Manager, State Bank of India stating that petitioner's bank account was freezed on the request of Police Station Basant Vihar, District Dehradun, Uttarakhand. A subsequent communication was received from Cyber Crime Cell of Jamshedpur to remove hold after retaining a lien of Rs.10,000/- on 27.08.2024. In paragraph no.10, it is stated that except for the hold of Rs.10,000/- in the petitioner's account, there is no restraint on the account of the petitioner and he is permitted to operate it. So far as hold of Rs.10,000/- is concerned, details have been mentioned with regard to criminal proceeding pursuant to which such action has been taken. Learned counsel for the petitioner states that even till date, the petitioner is not being permitted to operate his bank account. Learned counsel further states that the petitioner undertakes to retain a sum of Rs.10,000/- in his bank account but he may be permitted to operate his bank account for other purposes. In view of the stand taken by the respondents, we dispose of the present writ petition with direction upon respondent no.2 to allow the petitioner to operate his bank account subject to a minimum balance of Rs.10,000/- to be maintained in such account under the order of the investigating authorities. Order Date :- 8.4.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad