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2025 DAILYLAW 85753 (MAD)

V.VISWANATHAN v. THE INSPECTOR OF POLICE /STATION HOUSE OFFICER

WP/30455/2024 · 2025-02-13

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.30455 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :13.02.2025 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.30455 of 2024 Mr.V. Viswanathan, No.2/125, F2, First floor, 2nd Main road, Raghavanagar, Madipakkam, Chennai-600 091. .. Petitioner /versus/ 1. The Inspector of Police/ Station House Officer, Cyber crime, Kumool, Andhra Pradesh. 2. The Manager, DBS Bank, Karanodai Branch, Chennai-600067. .. Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent/DBS Bank to de-freeze the lien amount of Rs.29,012/- in A/c.No.0380301000078420 for the transaction dated 16.04.2024 and 21.04.2024 vide transaction No. Id/UTR No.410751191971 and transaction Id/UTR No.N112242998129208 respectively and direct the 2nd Respondent to defreeze the petitioner account. 1/5 https://www.mhc.tn.gov.in/judis W.P.No.30455 of 2024 For Petitioner : Ms.K.Anusuya For R2 : Mr.A.Kapaleeswaran For R1 : Notice served – No appearance O R D E R Though notice was served to the 1st petitioner and their name was printed in the cause list, neither the petitioner nor their counsel appeared before this Court. 2. This petition has been filed for direction, directing the 2nd respondent DBS Bank to de-freeze the lien amount of Rs.29,012/- in A/c.No.0380301000078420 for the transaction dated 16.04.2024 and 21.04.2024 vide transaction No. Id/UTR No.410751191971 and transaction Id/UTR No.N112242998129208 respectively and direct the 2nd Respondent to defreeze the petitioner account. 3. The petitioner is the account holder of a savings account, A/c.No.0380301000078420, with the 2nd respondent/Bank. He is also a premium and privileged account holder with the 2nd respondent. In this regard, the 2nd respondent sent an email dated 18.06.2024 informing the petitioner that 2/5 https://www.mhc.tn.gov.in/judis W.P.No.30455 of 2024 they had received a communication from the 1st respondent on 08.05.2024 stating that a lien of Rs.11,000/- and Rs.18,012/- had been placed on the petitioner's account. Therefore, advised to freeze the account. Based on the request made by the 1st respondent, the 2nd respondent frozen the account of the petitioner. 4. The learned counsel for the petitioner submits that the sum of Rs.11,000/- was merely a fee paid for the filing of income tax returns through the Federal Bank Account. Later, it was found that there was an issue related to the petitioner, which was resolved prior to the transaction. Regarding the other transaction amounting to Rs.18,012/-, it was transferred from the petitioner's HDFC Bank account to the 2nd respondent on 21.04.2024, in the amount of Rs.26,000/-, out of which the disputed sum of Rs.18,012/- is now being questioned. All these are self transactions by the petitioner and there are no allegations against him to justify the freezing of his account. No crime has been registered and the petitioner is not named as an accused in any crime registered by the 1st respondent. 3/5 https://www.mhc.tn.gov.in/judis W.P.No.30455 of 2024 5. In view of the above, the 2nd respondent, The Manager, DBS Bank, Karanodai Branch, Chennai, is directed to de-freeze the lien amount of Rs.29,012/- in A/c.No.0380301000078420 for the transactions dated 16.04.2024 and 21.04.2024, vide Transaction No. ID/UTR No. 410751191971 and Transaction ID/UTR No. N112242998129208, respectively and to allow the petitioner to operate the account forthwith. 6. Accordingly, this Writ Petition is allowed. No costs. 13.02.2025 Index : Yes/No. Neutral Citation : Yes/No. bsm To:- 1. The Inspector of Police/Station House Officer, Cyber crime, Kumool, Andhra Pradesh. 2. The Manager, DBS Bank, Karanodai Branch, Chennai-600067. 3.The Public Prosecutor, High Court, Madras. 4/5 https://www.mhc.tn.gov.in/judis W.P.No.30455 of 2024 G.K.ILANTHIRAIYAN,J. bsm W.P.No.30455 of 2024 13.02.2025 5/5 https://www.mhc.tn.gov.in/judis