Research › Search › Judgment

Calcutta High Court · body

2025 DAILYLAW 34046 (CAL)

RAHUL AGARWAL v. THE UNION OF INDIA AND ORS.

WPA/16999/2025 · 2025-08-07

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L 8 07.08.2025 Bpg. ct.no.35 W.P.A.16999 of 2025 Rahul Agarwal Versus The Union of India & Ors. Mr. Pratyush Patwari. …for the petitioner. Ms. Indrani Chakraborty. …for the Union of India. Mr. Asish Kumar Guha Mr. Rajendra Chaturvedi. …for the State-respondents. Ms. Sweta Mukherjee. …for the respondent no.8. Mr. Saptarshi Banerjee Ms. Anisha Kochar. …for the respondent no.9. Affidavit-of-service filed by the petitioner be kept with the record. Petitioner is aggrieved by the fact that in spite of informing the police authorities, no steps have been taken. Petitioner is surprised by the debits made by the bank authorities which are of huge amount and further petitioner has been kept in the dark regarding the debits being made. The main grievance of the petitioner is that in spite of informing the police authorities, no steps have been taken and the police authorities have been freezing the account at their own whims. 2 State has submitted a report. Report reflects that police conducted an enquiry. Enquiry reveals regarding certain transactions of funds being credited to the account of the petitioner which was identified by the Chennai City Police CCB Cyber Crime Police Station. An enquiry was conducted wherein the petitioner was found to be involved in certain online games but it is stated by the police authorities that he refused to share the details. Be that as it may, petitioner is a customer/ holder of a particular account of a bank. As such, if the petitioner is aggrieved by the act and action of the bank authorities and he has documents in his custody, he would approach the jurisdictional Magistrate under Section 175(3) of the BNSS. Learned Magistrate would assess and ascertain regarding the genuinity of the allegations and thereafter pass necessary directions as he deems fit and proper. Learned advocate for the respondent nos.8 and 9 are present who deny and dispute the accusations made in the writ petition and further submit that since no affidavits have been filed, the accusations made therein be deemed not to have been admitted. With the aforesaid observations, WPA 16999 of 2025 is disposed of. 3 There will be no order as to costs. Report so submitted be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)