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2025 DAILYLAW 88482 (ALL)

M/S NEW YEAR MULTITRADE v. UNION OF INDIA AND 5 OTHERS

WRIC/29530/2024 · 2025-02-11

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20219-DB Court No. - 29 Case :- WRIT - C No. - 29530 of 2024 Petitioner :- M/S New Year Multitrade Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Kamleshwar Kundan Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Krishna Agarawal,Pranjal Mehrotra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. This petition has been filed with the following prayers:- "(a). Writ of mandamus commanding the respondent No.1 to issue direction to all investigating agency to concise their direction of lien/hold or frozen to the extent of amount in dispute only not the entire current account and direct to unfreeze petitioner's current account No. 259643863549 in IndusInd Bank Ltd. Noida Sector- 63, Branch H-1, A/1 Zygon Square, Sector 63, Noida-201307 (IFSC-INDB0000162). (b). Writ or direction to quash or set aside order or direction issued by the respondent No.6 on the instruction or request of Cyber Cell or other respondents to freeze petitioner's current account No.259643863549 (IFSC-INDB0000162)." 2. Learned counsel for the petitioner submits that the petitioner's fundamental right under Article 19(1)(g) of the Constitution of India, 1950 is being infringed on account of freezing of petitioner's bank account. Reliance is placed upon judgment of Kerala High Court in the case of Dr. Sajeer vs. Reserve Bank of India being Writ Petition No.12960 of 2023, decided on 25.12.2023 as well as the judgment of Madras High Court in the case of Mohammed Saifullah vs. Reserve Bank of India and others being Writ Petition No.25631 of 2024, decided on 10.09.2024. 3. Learned counsel for the respondents has placed before the Court a police notice details, which contains 35 complaints of cyber fraud registered at different locations wherein involvement of petitioner is found. This police notice details is taken on record. 4. Once petitioner's bank account has been freezed on account of his involvement in criminal cases of cyber crime, no direction can be issued to de-freeze its account in view of the alleged violation of Article 19(1(g) of the Constitution. Submission of petitioner is utterly misconceived. Remedy of the petitioner, in the facts of the case, would be to approach the concerned Magistrate for de- freezing of bank account once it has been freezed due to his involvement in criminal cases. The judgments relied upon by the petitioner are on its own facts and have no applicability in the facts of the present case. 5. Writ petition is, accordingly, dismissed. Order Date :- 11.2.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad