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W.P.No.31619 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.01.2025 CORAM
THE HON'BLE MR. JUSTICE
P.VELMURUGAN
W.P.No.31619 of 2024 Mohammed Ibrahim ... Petitioner Vs 1 The Reserve Bank of India Rep. by its Governor, Head office at 16th Floor, Central office building, Shahid Bhagat Singh Road, Mumbai-400 001. 2 The Additional Director General of Police, Cyber Crime Wing, No.3 Dr.Natesan Road, Police Training College Campus, 3rd floor, Cyber Crime Wing, Ashok Nagar, Chennai-600 083. 3 HDFC Bank Ltd Rep. by its Principal Nodal Officer, 9th Floor, Tower 1, One India Bulls Centre, Jupiter Mills Compound, 841, S.B Marg, Elphinstone Road (West) , Mumbai. Page 1 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.31619 of 2024 4 The Regional Director Reserve Bank of India, Fort Glacis No.16 Rajaji Salai, Chennai-600 001. 5 The Branch Manager, IndusInd Bank, South Mambalam Branch, T .Nagar, Chennai-600 017. 6 State rep by Cyber Crime Police Station, Cyberabad Commissionerate, Gachibowli, Hyderabad-500 032. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 5th respondent to consider the petitioner's representation dated 28.09.2024 by defreezing the petitioners account bearing account. No. 159941444575 and IFSC Code INDB0001911 and releasing the entire amount of Rs.4,03,823/- including the amount of Rs.16,809/- held by the 5th respondent. For Petitioner : Mr.S.Krishnamoorthy For R1 and R4 : Mr.T.Poornam https://www.mhc.tn.gov.in/judis
W.P.No.31619 of 2024 For R2 : Mr.S.Sugendran Additional Public Prosecutor For R3 : Mr.C.Mohan for M/s.King & Patridge For R5 : Mr.R.Parthasarathy, Senior Advocate for Mr.Thriyambak.J Kannan For R6 : No appearance
O R D E R This Writ Petition has been filed to issue a Writ of Mandamus, to direct the 5th respondent to consider the petitioner's representation dated 28.09.2024 by defreezing the petitioners account bearing account. No. 159941444575 and IFSC Code INDB0001911 and releasing the entire amount of Rs.4,03,823/- including the amount of Rs.16,809/- held by the 5th respondent/Bank. 2. Heard the learned counsel appearing for the petitioner, learned counsel for the private respondents and the learned Additional Government Pleader appearing for the second respondent/police and perused the materials available on record. Page 3 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.31619 of 2024
3.
It is the contention of the petitioner that based on the complaint filed by the victim, the sixth respondent police filed a case as against the petitioner in Crime No.4411 of 2024 under Sections 94 and 179 of BNSS, 2023. Further, based on the request made by the sixth respondent police, the fifth respondent bank defreezed the petitioner's bank account. 4. Without ascertaining the nature and stage of the investigation, this Court is not inclined to pass any positive order. However, the petitioner is at liberty to workout his remedy in the manner known to law. 5. With the abovesaid direction, this Writ Petition is disposed of. There shall be no order as to costs. 06.01.2025 mfa Index:Yes/No Speaking Order: Yes/No Neutral Citation: Yes/No https://www.mhc.tn.gov.in/judis
W.P.No.31619 of 2024 To 1 The Governor Reserve Bank of India ,
Head office at 16th Floor, Central office building, Shahid Bhagat Singh Road, Mumbai-400 001. 2 The Additional Director General of Police, Cyber Crime Wing, No.3 Dr.Natesan Road, Police Training College Campus, 3rd floor, Cyber Crime Wing, Ashok Nagar, Chennai-600 083. 3 The Regional Director Reserve Bank of India, Fort Glacis No.16 Rajaji Salai, Chennai-600 001. 4 The Cyber Crime Police Station, Cyberabad Commissionerate, Gachibowli, Hyderabad-500 032. 5. The Public Prosecutor, High Court, Chennai. Page 5 of 6 https://www.mhc.tn.gov.in/judis
W.P.No.31619 of 2024 P.VELMURUGAN, J. mfa W.P.No.31619 of 2024 06.01.2025 https://www.mhc.tn.gov.in/judis