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2025 DAILYLAW 45708 (KAR)

AYUSHI MISHRA v. STATE OF KARNATAKA

WP/35241/2025 · 2025-11-25

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:49038 WP No. 35241 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35241 OF 2025 (GM-RES) BETWEEN: 1. AYUSHI MISHRA AGED ABOUT 27 YEARS W/O MR ANKIT MISHRA NO.588, HATHIGAWAN MALA KA PURWA, KUNDA HATHIGWAN, PRATAPGARH UTTAR PRADESH 230201. 2. KAMLA DEVI AGED ABOUT 58 YEARS W/O MR MURARI LAL MISHRA NO. EWS-4/19, PREETAM NAGAR COLONY ALLAHABAD, UTTAR PRADESH. 3. MADHURI KESARWANI AGED ABOUT 33 YEARS W/O MR ASHOK KUMAR KESHARWANI KASHIPUR, MOHAN BHADRI KUNDA PRATAPGARH, UTTAR PRADESH. 4. ABHINAV MISHRA AGED ABOUT 19 YEARS S/O MR MURARI LAL MISHRA EWS- 4/19, PREETAM NAGAR COLONY ALLAHABAD, UTTTAR PRADESH. 5. RAJOO MISHRA AGED ABOUT 36 YEARS S/O MR RAJ NARAYAN MISHRA HATHIGWAN, PRATAPGRAH, KUNDA UTTAR PRADESH Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49038 WP No. 35241 of 2025 6. MANVEE MISHRA AGED ABOUT 24 YEARS D/O OMPRAKASH MISHRA FAREDPUR KUNDA PRATAPGARH UTTAR PRADESH. 7. NAVEEN SHUKLA AGED ABOUT 25 YEARS S/O SANJAY SHUKLA NANHA SHUKUL KAPURWA, AINDHA, PRATAPGARH UTTAR PRADESH 2302014. 8. ANJALI MISHRA AGED ABOUT 26 YEARS W/O SAMEER MISHRA 582 HATHIGAWAN, PURE MALLA KA PURVA PRATAPGARH UTTAR PRADESH – 230201. 9. PRATEEKSHA SHUKLA AGED ABOUT 24 YEARS D/O SANJAY SHUKLA NANHA SUKUL KA PURWA AINDHA, PRATAPGARH UTTAR PRADESH – 230204. 10. SAURABH SHUKLA AGED ABOUT 20 YEARS S/O VIJAY SHUKLA, NANHA SUKUL KA PURWA, AINDHA, PRATAPGARH UTTAR PRADESH 230204. 11. MURARI LAL MISHRA AGED ABOUT 72 YEARS S/O CHHOTEY LAL MISHRA 4/19, PREETAM NAGAR, ALLAHABAD UTTAR PRADESH 211011. …PETITIONERS (BY SRI. ARUNACHALAM SHIVAKUMAR., ADVOCATE) AND: 1. STATE OF KARNATAKA BY SOUTH CEN CRIME POLICE STATION BENGALURU CITY - 560 001. - 3 - HC-KAR NC: 2025:KHC:49038 WP No. 35241 of 2025 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU. 2. MR. SUDHIR NARAYAN DESAI AGED ABOUT 70 YEARS S/O NARAYAN DESAI R/AT KUMAR ASHRAYA APARTMENTS NO. 106, 9TH CROSS, R.V. ROAD JAYANAGAR 2ND BLOCK BENGALURU - 560 041. …RESPONDENTS (BY S M AHFAL, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R1 POLICE AUTHORITIES TO FORTHWITH DEFREEZE AND REMOVE THE LIEN PLACED ON THE BANK ACCOUNTS OF THE PETITIONERS MENTIONED IN THE SCHEDULE TO THE PRESENT PETITION PURSUANT TO THE ONLINE CYBER COMPLAINT DATED 21.10.2025 BEARING ACKNOWLEDGEMENT NO. 31610250141095 VIDE ANNEXURE-A. AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Sri.S.M.Anfal., learned counsel has filed vakalathnamma for respondent No.2, same is taken on record. 2. The petitioners are before this Court seeking for the following relief’s; 1. Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing the R1 police authorities to forthwith defreeze - 4 - HC-KAR NC: 2025:KHC:49038 WP No. 35241 of 2025 and remove the lien placed on the bank accounts of the petitioners mentioned in the schedule to the present petition pursuant to the online cyber complaint dated 21.10.2025 bearing acknowledgement no. 31610250141095 vide annexure-A. 2. Pass such other order or direction as this Hon’ble court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 3. The petitioner’s account was frozen on account of the complaint submitted by respondent No.2 which is subject matter of Writ Petition No.33295/2025 in Ayushi Mishra vs. State of Karnataka & Ors., wherein a Co-ordinate Bench of this Court vide order dated 04.11.2025 allowed the petition and quash the Online Cyber Complaint dated 21.10.2025 lodged by respondent No.2. 4. The Co-ordinate Bench of this Court had also directed to de-freeze the bank account of the petitioners and remove the lien marked on her bank account, pursuant to the Online Cyber Complaint registered - 5 - HC-KAR NC: 2025:KHC:49038 WP No. 35241 of 2025 against her by respondent No.2 which has been quashed in the said matter. 5. Learned AGA on instructions submits that there is no other lien which has been placed on the bank accounts of the petitioners and the only lien which had been marked has been quashed vide the aforesaid orders. 6. If that be so, the lien cannot be continued on the account of the petitioners when the complaint itself has been quashed. As such, I pass the following; ORDER i. The writ petition is allowed. ii. A mandamus is issued, directing respondent No.1 to de-freeze and remove the lien placed on the bank accounts to petitioners, pursuant to the quashing of the same vide order dated 04.11.2025 in Writ Petition No.33295/2025 in Ayushi Mishra vs. State of Karnataka & Ors, whereunder the Online Cyber Complaint - 6 - HC-KAR NC: 2025:KHC:49038 WP No. 35241 of 2025 bearing Acknowledgement No.31610250141095 has been quashed, within a period of seven days from date of receipt of a copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 2