Page No.# 1/4 GAHC010110882025 2025:GAU-AS:7768 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3026/2025 RAJ KUMAR GUPTA S/O LATE SHIV NATH GUPTA, R/O WARD NO. 13, THAKUR BARI ROAD, KRISHNA NAGAR, P.O. AND P.S. HOJAI, DIST. HOJAI, ASSAM, PIN-782435 VERSUS PUNJAB NATIONAL BANK AND 8 ORS. PUNJAB NATIONAL, HEAD OFFICE, PLOT NO. 4 SECTOR 10, DWARKA NEW DELHI, PIN-110075 2:PUNJAB NATIONAL BANK ZONAL OFFICE UBI BUILDING 2ND FLOOR H.B. ROAD PANBAZAR GUWAHATI ASSAM PIN-781001. 3:PUNJAB NATIONAL BANK HOJAI BRANCH P.O. AND P.S. HOJAI PUB- DHANIRAM PATHER DIST. HOJAI ASSAM PIN-782435 4:THE OFFICER-IN-CHARGE NALLAPADU POLICE STATION DIST. GUNTUR STATE- ANDHRA PRADESH PIN-522005. Page No.# 2/4 5:THE STATE OF ANDHRA PRADESH REPRESENTED BY ITS SECRETARY HOME DEPARTMENT 1ST BLOCK 1ST FLOOR ANDHRA PRADESH SECRETARIAT VELAGUPUDI GUNTUR PIN-522238. 6:THE DIRECTOR GENERAL OF POLICE STATE CYBER CRIME CELL TIRUPATI URBN ANDHRA PRADESH PIN-517501. 7:THE OFFICER-IN-CHARGE OF THE CYBER CRIME BRANCH CID HEADQUARTER ULUBARI GUWAHATI-07. 8:THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF HOME AFFAIRS (MHA) NORTH BLOCK GOVT. OF INDIA NEW DELHI. 9:INDIAN CYBER CRIME CO-ORDINATION CENTRE 14C) JAI SINGH MARG HANUMAN ROAD AREA NEW DELHI-0 Advocate for the Petitioner : S I AKAND, S CHOUDHURY,P ALAM,MR. T HUSSAIN Advocate for the Respondent : SC, PNB, DY.S.G.I.,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 13.06.2025 1. Heard Mr. S.I. Akand, learned counsel for the Page No.# 3/4 petitioners. 2. The grievance of the petitioner is that cash credit account of the petitioner maintained at Punjab National Bank, Hojai Branch i.e., the respondent No.3 under Account No.0391208700000071 has been freezed for the reason of issuance of a notice dated 10.02.2025, by the respondent No.4., in the backdrop of an allegation that fraudulent transaction amounting to Rs.55,000/- was made in the said cash credit account of the petitioner. 3. The learned counsel for the petitioner contends that by keeping the aforesaid alleged fraudulent transaction as lien, the petitioner may be allowed to operate his bank account beyond the aforesaid amount. It is also submitted that there is no multiple transaction and it has been categorized as 5th layer and 5th layer is a layer when only single transaction is held. 4. Mr. B.K. Sen, learned counsel for Bank has obtained instructions from the Punjab National Bank and it is his stand that the bank has debit freezed the bank account of the petitioner in terms of a notice under section 94/106 of the BNSS dated 10.02.2025 issued by Nallapdu Police Station, Guntur, A.P. 5. From the aforesaid notice, what is seen is that the some victims of online investment fraud were asked by fraudsters to deposit the amounts in different bank accounts and accordingly, those victims deposited the aforesaid amount as recorded in NCPR. As per the notice in question, out of multiple deposit, an amount of Rs.55,000/- was also deposited Page No.# 4/4 in the bank account of the petitioner. 6. What is seen from the notice is that some third party has been defrauded by the culprit and the aforesaid amount was directed to the account of the petitioner. What is also seen is that there is no allegation against the present petitioner in the notice, however, to protect the money, the instructions has been issued to debit freeze the aforesaid account. 7. Considering the nature of allegation and the balance of equity, this court is of the opinion that ends of justice would be met, if the petitioner is allowed to operate the bank account keeping the aforesaid amount of Rs.55,000/- as lien. 8. Ordered accordingly. 9. It is further provided that, bank as well as any investigating authority, shall be at liberty to further debit freeze the bank account. in the event the bank receives further instructions from the authorities and/or any further tainted money is deposited in the bank account of the petitioner. 10. With the aforesaid, the writ petition stands disposed of. 11. A copy of the notice under section 94/106 of BNSS is kept on record. JUDGE Comparing Assistant