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2025 DAILYLAW 37252 (KAR)

M/S EANQA TRAVEL COMPANY v. THE STATE OF KARNATAKA

WP/35920/2024 · 2025-04-17

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:15855 WP No. 35920 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 35920 OF 2024 (GM-RES) BETWEEN: 1. M/S EANQA TRAVEL COMPANY HAVING ITS OFFICE AT 2ND FLOOR, 4564 HOSUR MAIN ROAD, G.B. PALYA BENGALURU - 560 068 REPRESENTED BY ITS PROPRIETOR MS. RINSHA G.V. REGISTERED UNDER INDIAN PROPRIETORSHIP ACT, 1908 …PETITIONER (BY SMT. INDIA S. PANCHAGAVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS NO.222, 2ND FLOOR, VIDHANA SOUDHA. DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 REP. BY ITS ADDL. CHIEF SECRETARY 2. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE KARNATAKA STATE, NRUPATHUNGA ROAD Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15855 WP No. 35920 of 2024 BENGALURU - 560 001 3. THE STATION HOUSE OFFICER. CYBER, ECONOMIC, NARCOTIC (CEN) POLICE STATION. BENGALURU EAST ZONE, BENGALURU - 560 052 4. CYBER CRIME BRANCH SAHARANPUR UTTAR PRADESH - 247 001 E-MAIL ADDRESS: spcrimesa-up nic.in 5. KOTAK MAHINDRA BANK LTD. K. R. ROAD BRANCH, NO.757/11, OCEANA CHAMBERS, 13TH CROSS STREET, KRISHNA RAJENDRA ROAD, 7TH BLOCK, JAYANAGAR BENGALURU - 560 082 REPRESENTED BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R3; R5 - SERVED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO DEFREEZE THE ACCOUNTS OF THE PETITIONER MAINTAINED WITH RESPONDENT BANK AND PERMIT THE PETITIONER HEREIN TO USE AND OPERATE THE BANK ACCOUNT NO. 5146075783, IFSC CODE KKBK0008074 MAINTAINED IN KOTAK MAHINDRA BANK LIMITED, K.R. ROAD - 3 - NC: 2025:KHC:15855 WP No. 35920 of 2024 BRANCH, NO. 757/11, OCEANA CHAMBERS, 13TH CROSS STREET, KRISHNA RAJENDRA ROAD, 7TH BLOCK, JAYANAGAR, BANGALORE - 560082 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court, seeking the following prayers: "I. Issue a Writ of Mandamus by directing the Respondents to defreeze the accounts of the Petitioner maintained with Respondent Bank and permit the Petitioner herein to use and operate the bank account No.5146075783, IFSC Code: KKBK0008074 maintained in KOTAK MAHINDRA BANK LIMITED, K.R. ROAD BRANCH, No.757/11, Oceana Chambers, 13th Cross Street, Krishna Rajendra Road, 7th Block, Jayanagar, Bengaluru - 560 082. II. Issue any other writ, order or direction as this Hon'ble Court deems fit and proper relief's as this Hon'ble court deems fit and proper under the circumstances of this case." 2. Heard Smt. India S. Panchagavi, learned counsel appearing for the petitioner, Sri. Shamanth Naik, learned HCGP appearing for respondent Nos.1 to 3 and have perused the material on record. - 4 - NC: 2025:KHC:15855 WP No. 35920 of 2024 3. Learned counsel appearing for the petitioner takes this Court through a notice issued by the fourth respondent to the fifth respondent directing debit freezement of the entire account of the petitioner. The account of the petitioner thus remains frozen even as on date. 4. Learned HCGP on instructions would submit that the Uttar Pradesh Police had communicated with regard to certain suspicious transaction into the account of the petitioner and the disputed amount is Rs.50,000/-. 5. In the light of the amount being Rs.50,000/-, as directed by the Uttar Pradesh Police, which has become the subject matter of freezement, I deem it appropriate to direct the fifth respondent to mark a lien of Rs.50,000/- in the account of the petitioner and permit the account of the petitioner to be operated as it was operated prior to the direction of freezement. 6. In the that light, the following: ORDER (i) The petition is disposed. - 5 - NC: 2025:KHC:15855 WP No. 35920 of 2024 (ii) A direction is issued to the fifth respondent - Bank to mark a lien of Rs.50,000/- in the account of the petitioner and permit its operation. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 13