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2025 DAILYLAW 76863 (MAD)

Mukesh Kumar gupta v. The Branch Manager

WP Crl./351/2025 · 2025-07-22

P Velmurugan

Writ Petition (Criminal)body2025

Judgment text

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W.P.(Crl)No.351 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.07.2025 CORAM : THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.(Crl).No.351 of 2025 Mukesh Kumar Gupta Proprietor, Mah Health Care, having business address at Road No.1, Ramkrishna Nagar, Adarsh Colony, Near St.Paul Public School, Patna-800027, Bihar. ...Petitioner Vs. 1. The Branch Manager, IndusInd Bank, Ground Floor, Plot No.158, Block A, Arya Kumar Road, Rajendra Nagar, Patna – 800016. Bihar. 2. The Inspector of Police, Cyber Crime Police Station, Coimbatore City, Coimbatore – 641 001. ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, 1950, praying for issuance of Writ of Mandamus, to direct 1st and 2nd respondents to defreeze the petitioner's current account bearing No.201002489422 maintained with the first respondent Bank and further direct the first and second respondents to restore the sum of Rs.2,10,105/- to the said account. 1/5 https://www.mhc.tn.gov.in/judis W.P.(Crl)No.351 of 2025 For Petitioner : Mr.K.Jagannathan For Respondents : Dr.C.E.Pratap, Govt. Advocate (Crl.Side) for R2 ****** ORDER This Writ Petition has been filed seeking directions to the first and second respondents to de-freeze the Current Account maintained by the petitioner with 1st respondent bank bearing No.201002489422 and further direct the first and second respondents to restore the sum of Rs.2,10,105/- to the said account. 2 Learned counsel for the petitioner would submit the petitioner is running a pharmaceutical company and there are invoices and bills available for the transactions, which are genuine transactions. The respondent police without ascertaining the facts immediately froze the petitioner's account and also debited a sum of Rs.2,10,105/-. Now the account has been unfrozen, but the amount debited by the Bank authorities has not been remitted to the petitioner's account. Hence the present Writ 2/5 https://www.mhc.tn.gov.in/judis W.P.(Crl)No.351 of 2025 Petition. 3 Learned Government Advocate (Crl.Side) for the second respondent would submit that second layer has been found in this case and investigation is pending and hence the amount debited could not be refunded now. 4 Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the second respondent and perused the materials available on record. 5 Admittedly now the petitioner's current account maintained with the first respondent Bank has been unfrozen. It is the grievance of the petitioner that the amount of Rs.2,10,105/- debited by the Bank has not been remitted back to the petitioner's account. 6 It is reported that investigation is pending and charge 3/5 https://www.mhc.tn.gov.in/judis W.P.(Crl)No.351 of 2025 sheet is yet to be filed. At this stage, this Court cannot give directions to remit the amount back to the petitioner's account as sought for by the petitioner. 7 Accordingly, this Writ Petition shall stand dismissed. However, the petitioner is at liberty to file appropriate application before the trial Court, after filing of charge sheet by the respondent police. 22.07.2025 cgi Speaking /Non-speaking order To 1. The Inspector of Police, Cyber Crime Police Station, Coimbatore City, Coimbatore – 641 001. 2. The Public Prosecutor, Madras High Court. 4/5 https://www.mhc.tn.gov.in/judis W.P.(Crl)No.351 of 2025 P.VELMURUGAN, J. cgi W.P.(Crl.)No.351 of 2025 22.07.2025 5/5 https://www.mhc.tn.gov.in/judis