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2025 DAILYLAW 190919 (ALL)

JITENDRA KUSHWAHA v. STATE OF U.P. AND 3 OTHERS

WRIC/34007/2025 · 2025-10-08

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34007 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Sanjay Kumar Mishra, learned counsel for the petitioner, Sri Gyan Prakash Shrivastava, learned counsel for the respondent Nos. 2 to 4. and learned Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for following relief: "I. Issue a writ, order or direction in the nature of mandamus directing/ commanding the respondent no. 2 to 4 to defreeze the account of the petitioner, i.e., Account No. 4002326942, IFSC Code: CBIN0282366 (Central Bank of India, Branch Nehru Nagar, Ward No. 11, Khadda, Kushinagar) and allow the petitioner to use his account for both debit and credit facilities." 3. It transpires from the record that some complaint was made against the petitioner, which is subject matter of investigation by the police at Police Station - Dharmshala, District Kangara, Himanchal Pradesh and a request was made by the police investigation team to the bank Manager, Central Bank of India, Khadda, Kushinagar, U.P. to freeze bank account of the petitioner. 4. Petitioner is aggrieved at the stage when account of the petitioner is only freezed subject to some investigation underway at the end of police station Dharmshala, District Kangara, Himanchal Pradesh. 5. In the circumstances, therefore, we are of the view that once Versus Counsel for Petitioner(s) : Aashirwad Mishra, Sanjay Kumar Mishra Counsel for Respondent(s) : C.S.C., Gyan Prakash Shrivastava Jitendra Kushwaha .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) investigation is going on at the end of the police and police made a request to freeze the account of the petitioner then petitioner ought to have awaited the outcome of the investigation. 6. In such above view of the matter, therefore, we decline to grant indulgence in the matter at this stage. 7. However, petitioner may avail appropriate remedy after investigation is completed by the police of police station of Dharmshala, District - Kangara, Himanchal Pradesh and that circumstances Bank will certainly revisit its decision. October 9, 2025 Atmesh WRIC No. 34007 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad