2025:UHC:9947 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/755/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Vikram Singh Dhapola, Advocate, holding brief of Mr. Ramji Srivastava, Advocate for the petitioner. 2. Mr. Suyash Pant, Standing Counsel for the State of Uttarakhand/respondent nos. 1 to 5. 3. Ms. Monika Pant, Advocate for respondent no. 6, through video conferencing. 4. Petitioner is having account with ICICI Bank, Branch Noida in State of U.P. The said account has been frozen. Thus feeling aggrieved, petitioner has approached this Court, seeking the following relief:- “(i) a writ order or direction in the nature of mandamus commanding the respondent no. 6 to de-freeze the account of the petitioner bearing account no. 157805001743 forthwith maintained in respondent bank i.e., respondent no. 6 and permit the petitioner to operate the aforesaid bank account.” 5. Learned State Counsel refers to paragraph no. 8 of the counter affidavit filed by Nand Kishore Bhatt, SHO, Police Station Dalanwala, Dehradun, in which, it is stated that based on a complaint lodged by one Mr. Akshay Kumar S/o Surender Pal Singh, R/o Muzaffarnagar, U.P., FIR No. 0112 of 2020 under Sections 420, 406 IPC was lodged in Police Station Dalanwala, Dehradun; the proceeds of the crime amounting to 2025:UHC:9947 `50,00,000/- was deposited in the bank account of the petitioner in ICICI bank. Learned State Counsel thus submits that if petitioner has any grievance, then he can approach the Chief Judicial Magistrate under Section 497 or 503 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He submits that disputed questions of fact cannot be decided in a writ petition and further that petitioner would have right of appeal, if his application made before the Chief Judicial Magistrate, is rejected. 6. This Court finds substance in the submission made by learned State Counsel. Whether petitioner has any role to play in the criminal case or not cannot be considered in a writ petition. Since charge-sheet in connection with FIR No. 0112 of 2020 has been filed by the police and the matter is pending before the Court concerned, therefore, it would be proper if petitioner moves an application before the Court concerned for de- freezing the account 7. The writ petition is, accordingly, disposed of with liberty to petitioner to approach the appropriate Court for de- freezing of the account. This Court hopes and expects that the application, if made, shall be considered, as expeditiously as possible. (Manoj Kumar Tiwari, J.) 11.11.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA87 5643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.11.12 10:56:17 +05'30'