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2025 DAILYLAW 46563 (ALL)

RAMAKANT GUPTA v. STATE OF U.P. AND 4 OTHERS

WRIC/13206/2025 · 2025-10-05

Saral Srivastava, Sudhanshu Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 13206 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. Issue a writ, order or direction in the nature of certiorari quashing the freezing proceeding of the petitioner's bank account No.248601500864 in the bank of I.C.I.C.I. Bank Ltd. Tikari Road, Gaya (Bihar) which is initiated in pursuance of letter issued by Investigation Officer of P.S.- Cyber Crime Police, District Mirzapur in Case Crime No.0007 of 2024 under Section 66D Information Technology (Amendment) Act, 2008 and under Sections 419, 420 I.P.C. ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.5/Branch Manager of I.C.I.C.I Bank Tikari Road, Gaya (Bihar) to operate the bank account No.248601500864 which is in the name of petitioner. iii. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. iv. Award cost to the petitioner." 3. This Court in identical matter i.e. Writ-C No.1542 of 2025 has passed an order on 08.04.2025, which is reproduced herein-below:- "Heard learned counsel for the petitioner, Sri O.P. Gupta, learned counsel for the Union of India and Sri Amrish Agrawal, learned counsel for the respondent Bank. Versus Counsel for Petitioner(s) : Krishna Kumar Chaurasia Counsel for Respondent(s) : C.S.C., Kundan Rai Ramakant Gupta .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Petitioner is aggrieved by action of the respondent bank in freezing his bank account. Learned counsel for the respondent bank has placed before the Court a notice issued to the Bank under Section 91 Cr.P.C. by the Government of Telangana, as per which unauthorized transactions have been undertaken from the petitioner's bank account, which is reported by the criminal investigation wing. A criminal investigation has also been instituted under Section 420 IPC and other provisions of IPC. Details of such communication has been handed over to the counsel for the petitioner. Once the involvement of petitioner's bank account has surfaced in the criminal proceedings, remedy of the petitioner would be to approach the competent forum for release of his bank account. A writ petition would not lie for such purposes, at the first instance. Writ petition, accordingly, is consigned to records." 4. Accordingly, the present writ petition is also dismissed in terms of the order dated 08.04.2025 passed in Writ-C No.1542 of 2025. October 6, 2025 SS WRIC No. 13206 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad