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2025 DAILYLAW 7185 (GAU)

BABLU MIAH v. THE RESERVE BANK OF INDIA AND 5 ORS.

WP(C)/785/2025 · 2025-05-20

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010026112025 2025:GAU-AS:6383 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/785/2025 BABLU MIAH S/O- SOFIOR RAHMAN, RESIDENT OF VILL KUKURMARA PART II, PO RADHAMADHAB HAT, MANKACHAR, DIST SOUTH SALMARA MANKACHAR, ASSAM, PIN- 783131. VERSUS THE RESERVE BANK OF INDIA AND 5 ORS. REPRESENTED BY ITS REGIONAL DIRECTOR, PANBAZAR, STATION ROAD, GUWAHATI- 781001. 2:UCO BANK HEAD OFFICE REPRESENTED BY THE MANAGING DIRECTOR AND CEO 8TH FLOOR 10 B.T.M. SARANI KOLKATA- 700001. 3:UCO BANK ZONAL OFFICE REPRESENTED BY ITS DEPUTY GENERAL MANAGER MANIRAM DEWAN ROAD P.O.- SILPUKHURI Page No.# 2/4 GUWAHATI- 781003 ASSAM. 4:THE BRANCH MANAGER UCO BANK JHOWDANGA PART-II BRANCH SOUTH SALMARA MANKACHAR ASSAM PIN- 783131. 5:COMMISSIONER OF POLICE KHAMMAM POLICE COMMISSIONERATE TELANGANA 64PV PLUS 4CR SP OFFICE RD SHANTI NAGAR MUSTAFA NAGAR KHAMMAM TELANGANA- 507001. 6:CIRCLE-INSPECTOR OF POLICE KHAMMAM RURAL POLICE STATION TELANGANA PIN- 507001 Advocate for the Petitioner : MR S C DAS, D R BONGSHIARY,MR. C. SHIL,P BURAGOHAIN Advocate for the Respondent : SC UCO BANK, BEFORE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY ORDER 21.05.2025 1. Heard Mr. SC Das, learned counsel for the petitioner and Mr. M. Sarma, learned counsel for the respondent Nos. 2,3 & 4. Page No.# 3/4 2. The action challenged in this writ petition is freezing of the debit transaction of the petitioner’s Bank Account No. 07150210004852 in the name of Imran International due to alleged fraudulent transaction of Rs. 1,000/-. 3. It is also contended by the petitioner that a notice under Section 106(3) BNSS, 2023 was issued to the Nodal Officer, UCO Bank by the Inspector of Police, Khamman Police Station based on the application filed by the petitioner for de-freezing the account, which goes to show that the disputed amount is only Rs. 1,000/- However, Mr. Sarma submits that he has no instruction on receiving any such communication from the UCO Bank. 4. It is not disputed by the Bank authorities that the alleged fraudulent activity, for which the bank account was debit freezed, is relatable to Rs. 1,000/- and it is also not disputed that the said account of the petitioner was debit freezed based on instruction from Inspector of Police, Khamman Rural Police Station, Khamman Police Commisionerate. 5. Mr. Sharma on instruction from the bank submits that the bank shall have no objection if the account is allowed to be operated by keeping a lien over the aforesaid amount of Rs. 1,000/-. 6. Perused the communication dated 21.03.2025 produced by the learned counsel for the petitioner. The said communication is issued on 21.03.2025 addressed to the Nodal Office/ Manager UCO Bank. As per the said communication on an application filed by the petitioner for de-freezing of the bank account, the matter was examined by the said Inspector and it was found that the claim of the petitioner is genuine and he has no complicity in the crime as per the investigation till that date. A copy of the said communication dated 21.03.2025 and the enquiry reported annexed thereto is kept on record. 7. In the totality of the matter, this court is of the opinion that ends of justice would be made, if the writ petitioner is allowed to operate the bank account i.e. Account No. 07150210004852 with UCO Bank, Jhowdanga Part-II Branch, Mancachar subject to keeping a lien over the amount of Rs. 1,000/-. 8. Ordered accordingly. The writ petition stands disposed of. Parties to bear their own Page No.# 4/4 costs. JUDGE Comparing Assistant