Page No.# 1/4 GAHC010209482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5440/2025 CHANDRA KANTA DEKA S/O GAHIN DEKA, PROPRIETOR OF DHRISTISMITA SERVICE STATION, RESIDENT OF VILLAGE GERIMARI CHAPORI, PO AND PS MANGALDAI, DIST DARRANG ASSAM VERSUS THE STATE BANK OF INDIA AND 5 ORS. REPRESENTED BY ITS CHAIRMAN ,STATE BANK BHAWAN, MADAME KAMA ROAD, NARIMAN POINT, MUMBAI, MAHARASHTRA, 400021 2:THE REGIONAL MANAGER STATE BANK OF INIDA HEAD OFFICE GUWAHATI G S ROAD OPP. ASSAM SACHIVALAYA DISPUR SORUMATARIA GUWAHATI 781006 3:THE BRANCH MANAGER STATE BANK OF INDIA MANGALDOI BRANCH L.N.B ROAD MANGALDOI DIST DARRANG ASSAM 784125 4:THE CHIEF EXECUTIVE (CEO) INDIAN CYBERCRIME COORDINATION CENTER MINISTRY OF HOME AFFAIRS Page No.# 2/4 5TH FLOOR NDCC BUILDING JAI SING ROAD NEW DELHI-110001 5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE BUREAU OF INVESTIGATION AND ECONOMICS OFFENCES GOVT. OF ASSAM SRIMANTAPUR OPPOSITE BORDER OFFICE BHANGAGARH GHY-32 6:THE STATION HOUSE OFFICER CYBER CRIME POLICE STATION THRISSUR CITY KERALA-68000 Advocate for the Petitioner : MR M AHMED, A. K. KANU Advocate for the Respondent : MR. J BARUAH (R-1 TO 3), B SAHA(R-1 TO 3) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 30.01 .2026 Heard Mr. M. Ahmed, learned counsel for the petitioner and learned Standing Counsel State Bank of India. As per office note dated 11.12.2025, service on the respondent have been completed. Mr. J. Baruah, appears on behalf of Respondent 1, 2, & 3. None represents on behalf of Respondent No. 4. The petitioner is aggrieved that by virtue of the instructions issued by the Respondent 4 by communication dated 13.03.2025, it is informed to the State Bank of India (SBI) that on a complaint lodged by one Mr. M. P. Nanda Kumar regarding the online scam, the victim has lost an amount of Rs. 56,23,061.60/- and the said money as per information was transferred to the Page No.# 3/4 Account no. 40166531467. In the said communication, the said account No. 40166531467, IFSC Code. SBIN0000130 is the account belonging to the writ petitioner. In terms of the said communication, the SBI authorities vide communication dated 29.03.2025 inform the petitioner that his account has been freezed and there is a mention that transaction amount of Rs. 2,000/- was credited to the account through the Google Pay on 20.02.2025. The learned counsel for the petitioner referring to the bank statement enclosed to the writ petition submits that no such amount has been transferred to the account of the writ petitioner. Rather, this account has been used by the petitioner to run his business of Petrol Pump and because of the account being freezed, the regular EMIs could not be deposited and his loan account has been shown as NPA by the Bank. In so far as the Bank authorities are concerned, the transaction amount as per information of the Bank is only Rs. 2,000/- though Google Pay on 20.02.2025. Learned counsel for the petitioner therefore submits that for a sum of Rs. 2,000/- his entire bank account ought to have been freezed and it should be permitted to operate the bank account which is used as a business account. Learned Standing Counsel for the bank also submits that as per their enquiry no such transaction has been found relating to the bank account of the writ petitioner save and except Rs. 2,000/- as mentioned in the communication dated 20.02.2025. Under such circumstances, this Court is of the view that the bank should be allowed to keep the lien over Rs. 10,000/- and after that the account should be permitted to be used. Page No.# 4/4 It is made clear that the amount of Rs. 10,000/- shall not be permitted to be withdrawn from the bank account. In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant