SATENDRA KUMAR D/O DATARAM v. THE STATE OF KARNATAKA
WP/100953/2025 · 2025-02-11
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3193 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3193 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:2690 WP No. 100953 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.100953 OF 2025 (GM-RES)
BETWEEN:
SATENDRA KUMAR D/O. DATARAM, AGE: 27 YEARS, OCC: BUSINESS, R/O: MOH JAWAHAR NAGAR, AMANPUR, DIST: KASGANJ, STATE UTTARPRADESH – 207 241. …PETITIONER (BY SRI GIRISH S. HULMANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, REP. BY ADDL. SPP, POLICE INSPECTOR, CYBER ECONOMIC AND NARCOTIC DRUGS CRIME POLICE STATION, DHARWAD, DIST: DHARWAD. 2. THE BRANCH MANAGER, CANARA BANK, AMANPUR BRANCH, GANDHI NAGAR, ETAH SAHWAR ROAD, ANAMPUR, DIST: KASGANJ, STATE UTTARPRADESH – 207 241, …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF MANDAMUS IN THE FORM OF DIRECTION DIRECT THE RESPONDENT NO.2 BANK TO UNFREEZE THE PETITIONER ACCOUNT BEG NO.4300108001973 BY MARKING THE LIEN FOR THE DISPUTED AMOUNT AND ETC.,
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
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NC: 2025:KHC-D:2690 WP No. 100953 of 2025
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THERIEN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Heard Shri Girish S.Hulmani, learned counsel appearing for the petitioner and the learned AGA Shri Sharad V.Magadum appearing for the respondent – State. 2. The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to defreeze the account of the petitioner which has now been frozen on account of the direction by the first respondent – State to the second respondent - Canara Bank. There appears to be a financial transaction by which an amount of ₹.4,850/- comes into the offers of the petitioner through a QR code of a Common Services Centre run by the petitioner, the person who has transacted in the Common Service Center. 3. Notice was issued to the petitioner on 17/11/2024 under Section 35(3) of the B.N.S.S. Act asking the petitioner to appear for the purpose of investigation. - 3 -
NC: 2025:KHC-D:2690 WP No. 100953 of 2025
The petitioner has cooperated with the investigation is his submission. 4. The issue is whether the entire account of the petitioner can be frozen for a transaction of ₹.4,850/-.
Therefore, in the light of the crime registered against the other accused and not against the petitioner and the petitioner cooperating with investigation, I deem it appropriate to direct the second respondent mark a lean of ₹.4,850/- on the account of the petitioner and permit account to be operated as it was operated prior to the date of freezement. The first respondent shall forthwith communicate the same to the second respondent accordingly. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE
VNP/CT-ASC List No.: 1 Sl No.: 67