Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:9324 WP No. 5255 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5255 OF 2025 (GM-RES) BETWEEN:
MR. SHAREEKH HASAN A.A, S/O ABUBAKAR SIDDIQ, AGED ABOUT 35 YEARS, R/AT NO.AMBIYA COTTAGE, 3RD CROSS, NEHRU NAGAR, CHIKMAGALUR, KARNATAKA - 577 101 …PETITIONER (BY SRI. SHRIRAMA, ADVOCATE) AND:
1.
HDFC BANK LTD., REPRESENTED BY THE BRANCH MANAGER.
HDFC BANK, ADDRESSED AT BALAJI VENTURE, 1ST FLOOR, SANGEETA MOBILE STORES, M.G. ROAD, CHIKMAGALUR, KARNATAKA - 577 101.
2.
THE STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, ROHTAK, SECTOR- 14, ROHTAK (HR) - 124 001. …RESPONDENTS (BY SMT. K.B. SREEDEVI, ADVOCATE FOR SRI. JAI M. PATIL, ADVOCATE FOR R1)
Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:9324 WP No. 5255 of 2025
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 BANK TO DEFREEZE THE ACCOUNTS OF THE PETITIONER AND PERMIT THE PETITIONER HEREIN TO USE AND OPERATE THE BANK A/C NO. 50200074998551, IFSC-HDFC0002560 MAINTAINED IN HDFC BANK LTD, CHIKMAGALURU BRANCH, CHIKMAGALURU KARNATAKA AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus directing de-freezing of the account of the petitioner, which is held at the first respondent - Bank.
2. Heard Shri Shrirama, learned counsel appearing for the petitioner and Smt. K.B. Sreedevi, learned counsel for Shri Jai M. Patil, learned counsel appearing for respondent No.1.
3. The petitioner, an account holder holds an account at the first respondent - Bank. It transpires that the second respondent - the Station House Officer, cyber crime police station of Rohtak, pursuant to registration of a crime in crime No.02/2023 issues notice under Section 91 of the Cr.P.C. directing freezement of the account that had transaction with
- 3 -
NC: 2025:KHC:9324 WP No. 5255 of 2025
the accused in the aforesaid crime. The axe of the crime falls upon the petitioner and the account is frozen pursuant to the said direction. Even according to the direction, the amount in dispute that is pointed at the petitioner is 50,000/- but the account in its entirety is frozen which has in it is Rs.1,10,000/- as on 31.01.2023.
4.
Learned counsel appearing for the first respondent on instructions would submit that the amount in dispute that is actually pointable towards the petitioner is Rs.50,000/-. In that light, I deem it appropriate to direct de-freezing of the account of the petitioner on marking of a lien of Rs.50,000/- dated
05.01.2023. De-freezement of the account shall be done forthwith and the petitioner shall be permitted to operate the account as it was being operated prior to such freezement, subject to the aforesaid condition, without brooking any delay.
Ordered accordingly.
Sd/- ______________________ JUSTICE M.NAGAPRASANNA
JY List No.: 1 Sl No.: 12