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2025 DAILYLAW 82305 (KAR)

SRI RITHVIK BALANAGRAJ B v. UNION OF INDIA

WP/33021/2025 · 2025-11-06

C M Poonacha

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44866-DB WP No. 33021 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 33021 OF 2025 (GM-RES-PIL) BETWEEN: 1. SRI RITHVIK BALANAGRAJ B AGED 26 YEARS S/O. LATE. R. BALASUBRAMANI RESIDING AT NO. 31/1 6TH CROSS, SUDHAMANAGAR BANGALORE - 560 027. …PETITIONER (BY SRI SAMEER SHARMA, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF HOME AFFAIRS HAVING OFFICE AT NORTH BLOCK CENTRAL SECRETARIAT NEW DELHI - 110 001 REPRESENTED BY THE SECRETARY 2. INDIAN CYBERCRIME COORDINATION CENTRE AN INITIATIVE OF THE UNION OF INDIA HAVING OFFICE AT 5TH FLOOR NDCC-II BUILDING, JAI SINGH ROAD NEW DELHI REPRESENTED BY THE CEO Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44866-DB WP No. 33021 of 2025 3. STATE OF KARNATAKA DEPARTMENT OF HOME HAVING OFFICE ROOM NO.222 2ND FLOOR, VIDHANA SOUDHA BANGALORE - 560 001. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY. 4. OFFICE OF THE DIRECTOR-GENERAL & INSPECTOR GENERAL OF POLICE STATE OF KARNATAKA HAVING OFFICE AT POLICE HEADQUARTERS NO.2, NRUPATHUNGA ROAD BANGALORE - 560 001. 5. RESERVE BANK OF INDIA HAVING OFFICE AT 1ST FLOOR AMAR BUILDING SIR P.M. ROAD, MUMBAI - 400 001 REPRESENTED BY CHIEF GENERAL MANAGER …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-3 & 4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER(S) OR DIRECTION(s) AS AGAINST THE RESPONDENTS THEREBY DIRECTING THE RESPONDENTS TO FORMULATE AND IMPLEMENT A UNIFORM STANDARD OPERATING PROCEDURE/ UNIFIED MECHANISM FOR ENTERTAINING / DEALING WITH ONLINE FINANCIAL FRAUD COMPLAINTS REGISTERED THROUGH THE NCCRP PORTAL OR 1930 HELPLINE (EITHER JOINTLY OR INDIVIDUALLY) WITH APPROPRIATE DIRECTIONS i) ENSURE THAT NO FREEZING OF BANK ACCOUNTS IS UNDERTAKE BY POLICE/ LAW ENFORCEMENT AGENCIES OR BANKS AND FINANCIAL INSTITUTIONS WITHOUT PRIOR - 3 - HC-KAR NC: 2025:KHC:44866-DB WP No. 33021 of 2025 REGISTRATION OF A FIRST INFORMATION REPORT (FIR) UNDER SECTION 173 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 OR SUCH OTHER APPLICABLE LAW & ETC, THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, inter alia praying that respondents be directed to implement a uniform standard operating procedure / unified mechanism for entertaining / dealing with online financial fraud complaints registered through the NCCRP portal or 1930 helpline. 2. The petitioner submits that bank accounts of various persons are being frozen without registering any FIR under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and without examining the complaints. In this regard, the petitioner seeks that directions be issued to ensure that no bank accounts are frozen - 4 - HC-KAR NC: 2025:KHC:44866-DB WP No. 33021 of 2025 without registration of the FIR and a time-bound process is evolved for de-freezing of the bank accounts on due verification that the account holder is not connected with the offence alleged in a particular case. 3. We are of the view that the issues raised by the present petitioner cannot be examined without reference to any factual context and therefore, directions on the basis of general allegations, cannot be passed. We accordingly dispose of the present public interest litigation. 4. Needless to state that the issue whether any bank account which is currently frozen is required to be de-frozen, would be examined in the facts of that case. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KS List No.: 1 Sl No.: 4