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2025 DAILYLAW 192480 (ALL)

M/S KISHAN BHARAT GAS v. PUNJAB NATIONAL BANK

WRIC/8838/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 8838 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri Imran Syed, learned counsel for the petitioner, Ms. Smriti Gupta, Advocate holding brief of Sri Ramesh Kumar Shukla, learned counsel appearing for the Bank and Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel for the State respondents. 2. Petitioner is aggrieved by freezing of his current account bearing number 4170002100004715 in the branch Mainpuri Chauraha of the Punjab National Bank, Shikohabad, District-Firozabad without there being any notice to the petitioner. It is contended also that there is no order as such by the Cyber Crime Cell to freeze the account of the petitioner. 3. Counsel for the Bank on previous date had placed instructions before the Court according to which the Bank has received a mail from the Cyber Crime Cell to freeze the account on the basis of complaint being investigated by the cyber crime cell. It is upon this mail placed before this Court that this Court passed a detailed order dated 7.10.2025 directing learned Standing Counsel to obtain instructions in the matter. 4. Sri P.K. Shahi, learned Additional Chief Standing Counsel has placed the instructions before the Court from which it clearly transpires that there was no letter written by the cyber crime authority or any police authority to the Bank to freeze the current account of the petitioner. However, the instruction does record that there are six cyber crime cases reported in the matter by way of complaint which are subject matter of investigation. Versus Counsel for Petitioner(s) : Gauri Shankar Yadav, Imran Syed Counsel for Respondent(s) : Ramesh Kumar Shukla M/S Kishan Bharat Gas .....Petitioner(s) Punjab National Bank .....Respondent(s) 5. Having heard the learned counsel for the respective parties and having perused the record, especially the instructions placed before the Court, we find that there was no such direction ever issued by the Cyber Crime Department to freeze the account of the petitioner. 6. In view of the above, the respondent-Bank is held to be not justified in freezing the account of the petitioner. Accordingly, Bank-respondent no. 1 is directed to de-freeze the current account of the petitioner to make it operational at the end of the petitioner. However, it is always open for the Bank to act in accordance with the procedure prescribed under law as and when it receives any clear instructions from the Cyber Crime Department. 7. With the aforesaid observations and directions, petition stands disposed of. October 14, 2025 Kirti WRIC No. 8838 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad