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2025 DAILYLAW 1155 (TRI)

Shri Lalmanjoy Halam v. Reserve Bank of India and 4 Ors.

WP(C)/457/2025 · 2025-08-14

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) No. 457 of 2025 Sri Lalmanjoy Halam ………Petitioner(s) Versus Reserve Bank of India & Ors. ……..Respondent(s) For Petitioner(s) : Mr. A. De, Advocate. Mr. R. Hossain, Advocate. For Respondent(s) : None. HON’BLE JUSTICE DR. T. AMARNATH GOUD ORDER 14.08.2025 [1] Heard Mr. R. Hossain, learned counsel appearing for the petitioner. [2] This present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:- “i) Admit this petition. iii) Call for the records and after hearing the parties. iv) Issue writ and / or order directing the respondents to un-freeze or defreeze the petitioner’s saving and student account bearing no. 4186108001905 or to release the present available balance an amount of Rs.96,054/- only and to keep in hold or lien the disputed amount of Rs.9,000/- only. “ [3] Brief facts leading to this case, is that the petitioner herein, opened a savings and student bank account which has been freezed by the Respondent no-4 as per instruction of the Maharashtra Cyber Crime Branch, as because a disputed amount of Rs. 9,000/- only has been credited to the bank account of the said petitioner. The petitioner, who was studying in Bengaluru was continuing his studies with the help of the scholarships. Presently, the available balance amount of Rs. 96,000/-only which is his scholarship amount has been freezed i.e., the whole bank account has been freezed by the aforesaid bank. It is also to be mentioned here that the petitioner many a time wanted to communicate with the Maharashtra Cyber Crime branch but they never picked up any calls and also they never replied any messages of the petitioner's. The petitioner also went many a times to the bank and enquired about the matter but the bank neither provide any complainant details nor they disclosed anything in regard to the said disputed amount. Hence this petition. [4] It is contended by Mr. R. Hossain, learned counsel that the petitioner herein was a student and he opened a savings and student bank account which has been freezed by the Respondent no-4 as per instruction of the Maharashtra Cyber Crime Branch, as because a disputed amount of Rs. 9,000/- only has been credited to the bank account of the said petitioner. Thereafter, staring of month 2024 petitioner and his wife went to the market to buy some household goods but while making payment through the concern bank, it appears that the transaction was failed. He, therefore, urges before this Court to release the whole amount including the student scholarship lying in the bank account. [5] After perusal of the record, it has been seen that in pursuance of the legal notice dated 25.06.2025 issued by the petitioner’s counsel, the respondent –Canara Bank also submitted a reply through their engaged counsel dated 09.07.2025 regarding debit freeze for the purpose of investigation, as Cyber Crime Police has received complaint of online fraud against the said account no. and accordingly a fraud application no. 124/2024 was registered but, according to the petitioner his grievance has not been resolved till date. [6] In view of the above, respondent- Superintendent of Police, Cyber Crime Branch, Maharashtra is directed to answer the legal notice dated 25.06.2025 issued by the petitioner herein accordingly. [7] In view of the same, it is not a case to grant relief as sought for in the writ petition for de-freezing the amount. Therefore, the writ petition is liable to be dismissed. Accordingly, the same is dismissed with above direction. As a sequel, miscellaneous application(s), pending if any, shall stand closed. DR. T. AMARNATH GOUD, J Paritosh SABYA SACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.08.25 17:37:47 +05'30'