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2025 DAILYLAW 21396 (KAR)

MR. DURGAPRASAD BRAHMAVAR v. THE STATE OF PUNJAB

WP/8214/2025 · 2025-04-22

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:16510 WP No. 8214 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 8214 OF 2025 (GM-RES) BETWEEN: MR. DURGAPRASAD BRAHMAVAR, AGED ABOUT 52 YEARS, S/O B MADAVACHAR, R/AT NO 439, 24TH MAIN, 1ST PHASE, 2ND STAGE, BTM LAYOUT, BANGALORE, KARNATAKA-560 076. …PETITIONER (BY SRI NANDEESH, ADVOCATE) AND: 1. THE STATE OF PUNJAB, REP. BY SHRI JASHANDEEP SINGH GILL, SUPERINTENDENT OF POLICE STATE CYBER CRIME CELL, PHASE-4, S.A.S NAGAR, PUNJAB, INDIA-160 059. TELEPHONE NO. 0172-2226258. EMAIL: SP.SCC@PUNJABPOLICE.GOV.IN. 2. THE HDFC BANK LTD., A BANKING COMPANY, CARRYING ON THE BANKING BUSINESS, UNDER THE BANKING REGULATION ACT, 1949. INCORPORATED UNDER THE COMPANIES ACT, 1956. REP. BY BRANCH MANAGER, NO. 37/953, 24TH MAIN, J.P NAGAR 2ND PHASE, IFSC CODE:HDFC0000133. BENGALURU, KARNATAKA-560 078. …RESPONDENTS (BY SRI FRANCIS XAVIER, ADVOCATE FOR R-2) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16510 WP No. 8214 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF INDIAN CONSTITUTION PRAYING TO DIRECT THE RESPONDENT NO.2, TO WHILE COMPLYING THE POLICE OFFICIAL NOTICE U/S 102 OF CODE OF CRIMINAL PROCEDURE CODE, 1973 AND U/S 106 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 INSTEAD OF DEBIT FREEZING OR FREEZING THE ENTIRE OPERATION OF PETITIONER SAVINGS BANK ACCOUNT i.e., 01331000096665, IFSC CODE: HDFC0000133, LIEN MARK ONLY TO THE EXTENT OF DISPUTED AMOUNT, WHICH EXACTLY RECEIVED BY PETITIONER BANK ACCOUNT FROM MONEY TRAIL. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER 1. The petitioner is before this Court seeking the following prayers: "Wherefore it is most respectfully prayed that this Hon'ble Court may graciously be pleased to issue WRIT OF MANDAMUS or any other appropriate writ(s), order(s) or direction(s) and thereby a) issue WRIT OF MANDAMUS Direct The Respondent No.2, To While complying the police official notice U/s 102 of Code Of Criminal Procedure Code, 1973 and U/s 106 of Bharatiya Nagarik Suraksha Sanhita, 2023 instead of debit freezing or freezing the entire operation of Petitioner Savings Bank account i.e., 01331000096665, IFSC Code: HDFC0000133, lien mark only to the extent of disputed amount, which Exactly Received by Petitioner Bank account from money trail. b) Pass any other order(s) which this court may deem fit and proper in the interest of justice. - 3 - NC: 2025:KHC:16510 WP No. 8214 of 2025 2. Owing to the prayers of the petitioner, this Court on 24.03.2025 had passed the following order: "The petitioner holds an account in respondent - HDFC Bank. It transpires that the State of Punjab communicates to the Bank to freeze the account of the petitioner on account of a transaction of Rs.50,000/- being suspicious. Therefore, following the dictate of State of Punjab, the Bank has freeze the account of the petitioner. Therefore, the petitioner is before this Court in the subject petition. The learned counsel appearing for the petitioner submits that entire account cannot be frozen for a suspicious transaction of Rs.50,000/-. The learned counsel appearing for the respondent - bank submits amount that is involved in this suspected transaction is only Rs.50,000/-. Therefore, I deem it appropriate to direct marking of a lien of Rs.50,000/- upon the account of the petitioner and permit the regular operation of the account of the petitioner, as it was being operated, prior to the order directing freezing. List this matter on 28.03.2025." 3. The operation of the account has become normal as it is not frozen as it is the submission of the learned counsel for the petitioner. If that is so, the petition rendered infructuous. 4. Recording the said submission, the petition stands disposed of as having become infructuous. Sd/- (M.NAGAPRASANNA) JUDGE tsn* List No.: 1 Sl No.: 32