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2025 DAILYLAW 160902 (ALL)

JAY PRAKASH @ JAY PRAKASH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND OTHERS

CRLP/8158/2025 · 2025-09-11

Rajeev Singh, Rajnish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8158 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Sri Chandra Chood Pandey, learned counsel for the petitioner and learned A.G.A. for the State. 2. This Court had passed the following order on 02.09.2025, which reads as under:- "1. Heard Sri Girish Kumar Pandey, learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed with the following prayers:- "(i) Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 2 to 5 to take necessary legal action against the OP No.6 for making forged and false complaint against the petitioner before the Cyber Crime Cell and got frozen the bank account of petitioner. (ii) Issue a writ order or direction in the nature of mandamus commanding the Opposite Party No. 1 to 5, to take necessary action for unfreezing the account of petitioner as well as other bank accounts having transaction with the account no. 45858100008614 of Bank of Baroda of Vikash Kumar." 3. Learned counsel for the petitioner submits that the petitioner is doing Versus Counsel for Petitioner(s) : Chandra Chood Pandey, Girish Kumar Pandey Counsel for Respondent(s) : G.A. Jay Prakash @ Jay Prakash Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Others .....Respondent(s) the business of sale and purchase of old used vehicles and in connection with the same, an amount of Rs. 50,000/- was received by the petitioner from the respondent no.6 regarding purchase of a truck. He further submits that since the deal could not be materialized, the petitioner refunded the amount of Rs. 20,000/- and thereafter, amount of Rs. 50,000/- has also been refunded, and the said account of the petitioner, from which the said transaction was made, has been relieved by the police after an affidavit dated 01.07.2025 submitted by the petitioner. He next submits that the other accounts, from which the transaction was made from the aforesaid account of the petitioner, have now been frozen, which could not have been done as there is no complaint or F.I.R. against the petitioner. 4. Learned A.G.A., on the basis of instructions, submits that on the complaint in the cyber cell, the aforesaid account was frozen. However, he has no complete instructions in the matter. 5. Learned A.G.A. prays for and is granted a week's time to seek complete instructions into the matter. 6. As prayed, list this case on 11.09.2025 as fresh. 7. On the next date, Mr. Alok Kumar Singh, Inspector, Cyber Crime, District- Sultanpur shall appear in person along with the complete material on the basis of which the action has been taken against the petitioner. " 3. In deference to the aforesaid order, Sri Chandrahas Mishra, Cyber Crime Police Station, District Shravasti and Sri Alok Kumar Singh, Inspector, Cyber Crime Police Station, Sultanpur are present in person. 4. Learned A.G.A., on the basis of instructions, submits that the account of the petitioner was not freezed by Sri Alok Kumar Singh, Inspector, Cyber Crime Police Station, Sultanpur. The said instructions are taken on record. 5. Sri Alok Kumar Singh, Inspector, Cyber Crime Police Station, Sultanpur also submits that he has not got the account of the petitioner CRLP No. 8158 of 2025 2 freezed, which is in Axis Bank, details of which have been mentioned at paragraph no.8 of the petition and also on query made from learned counsel for the petitioner, he submits that now the account of the petitioner has been de-freezed after providing KYC documents. 6. In view of above, this petition has lost its efficacy and the same is, accordingly, dismissed. September 11, 2025 Saurabh CRLP No. 8158 of 2025 3 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench