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2025 DAILYLAW 14277 (KAR)

MD. INJAMAM v. THE STATE OF KARNATAKA

WP/1560/2025 · 2025-02-11

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:6149 WP No. 1560 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1560 OF 2025 (GM-POLICE) BETWEEN: MD. INJAMAM S/O M D KASIM, AGED ABOUT 23 YEARS, R/A MD KASAM, POST BARA SUMERA, MUZAFFARPUR PATABHI, BIHAR - 843 113 …PETITIONER (BY SRI. SHRIRAMA ADIGA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY COMMISSIONER OF POLICE, BANGALORE CITY, ALI ASKER ROAD, VASANTH NAGAR, BENGALURU, KARNATAKA - 560051 REPRESENTED BY SPP HIGH COURT OF KARNATAKA 2. THE STATE OF KARNATAKA POLICE INSPECTOR, EAST CEN CRIME PS, BANGALORE - 560 040 REPRESENTED BY SPP Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6149 WP No. 1560 of 2025 HIGH COURT OF KARNATAKA 3. THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU - 560001. 4. PUNJAB NATIONAL BANK REP. BY THE BRANCH MANAGER, PANJAB NATIONAL BANK, ALIAS JURAN CHAPTRA MUZAFFARPUR MAHESHBABAU CHOWK, MUZAF, BIHAR - 842 001. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO DEFREEZE THE ACCOUNTS OF THE PETITIONER AND PERMIT THE PETITIONER HEREIN TO USE AND OPERATE THE BANK A/C NO. 9910000100058733, IFSC-PUNB0991000 MAINTAINED IN PUNJAB NATIONAL BANK JURAN CHAPRA MUZAFFARPUR BRANCH AT, MAHESH BABU CHOWK, MUZAF BIHAR AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:6149 WP No. 1560 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The grievance of the petitioner is that her Savings Bank Account with the 4th respondent – Punjab National Bank, has been freezed at the instance of the Police Inspector, East Cen Crime Police Station, Bangalore. 2. Learned counsel for the 4th respondent - Bank submits that it is true that the account of the petitioner has been freezed in terms of the directions issued by the respondent No.2 – the Police Inspector, East Cen Crime Police Station, Bangalore. Learned counsel would therefore submit that unless the said East Cen Police were to issue necessary directions to defreeze account of the petitioner, the 4th respondent will not be in a position to defreeze the same. However, the learned Additional Government Advocate on instructions from the respondent No.2 submits that the 2nd respondent has not issued any such direction or communication to the 4th respondent – Punjab National Bank, situated at Juran Chapra - 4 - NC: 2025:KHC:6149 WP No. 1560 of 2025 Muzaffarpur, Mahesh Babau Chowk, Muzaf, Bihar – 842001. 3. Nevertheless, learned counsel for the petitioner has drawn the attention of this Court to the recent decisions of the Co-ordinate benches of this Court in the case of M/s.MMR Mining Equipments /vs./ The State of Karnataka and Others in W.P.No.18663/2024 dated 25.07.2021 and Mr.Abdul Azeez /vs./ The Station House Officer and another in W.P.No.4220/2024 dated 12.03.2024, wherein directions have been issued to the respondent Banks therein to defreeze the account of the petitioner while creating a lien insofar as the amount which was transferred into the account of the petitioner as in the present case. Learned counsel prays for similar directions. Accordingly, the following: ORDER (1) The writ petition is allowed in part. (2) Mandamus issues to respondent No.4 – Bank to defreeze the account of the petitioner forthwith. - 5 - NC: 2025:KHC:6149 WP No. 1560 of 2025 (3) A lien on the amount of Rs.2,500/- be marked upon the account of the petitioner and the petitioner be operate the account as any normal account holder would operate. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL