Neutral Citation No. - 2025:AHC:30696-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 16329 of 2024 Petitioner :- Bhanu Prakash Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Ajay Sengar, Raghuvansh Misra Counsel for Respondent :- Ajay Kumar Sharma,Anup Kumar Khare,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Raghuvansh Misra, learned counsel for the petitioner; Sri Paritosh Malviya, learned A.G.A.-I for the State respondent nos.1 and 2 and Sri Ajay Kumar Sharma, learned counsel for the respondent no.4 (complainant). 2. Present writ petition is preferred under Article 226 of Constitution of India seeking following principal reliefs:- "(i) A writ, order or direction in the nature of certiorari quashing the impugned Notice/Order dated 06.06.2023 passed by the respondent No.02 herein, Superintendent of Police, (Nodal Officer), Cyber Crime Cell, Jalaun at Orai, Uttar Pradesh in Cyber-330/2023 under Section 91 of Criminal Procedure Code, 1973, directing to the respondent no.3 herein HDFC Bank Ltd. 64, Mohalla Bhawani Ram, District Jalaun, Nodal Officer, IFSC-HDFC0009083 to freeze bank account of the petitioner herein i.e. Account No.50100510466110 (Annexure No.04 to the writ petition). (ii) A writ, order or direction in the nature of mandamus commanding to the Respondent no.3 herein i.e. Nodal Officer, IFSC-HDFC0009083 to de-freeze bank account of the petitioner herein i.e. Account No.50100510466110, during the investigation of the aforesaid Case i.e. Cyber-330/2023. (iii) A writ, order or direction in the nature of mandamus commanding the respondents to not to harass the petitioner herein." 3. It appears from the record that the complainant moved an application before the Superintendent of Police, Jalaun (respondent no.2) on 06.06.2023, alleging that the petitioner had deceptively transferred money from the bank account of her deceased husband namely Sakha Ram Akte by inscribing his forged signatures on the several cheques and got it deposited in his bank account No.50100510466110. On receipt of the said complaint, the concerned Circle Officer had conducted an enquiry and submitted a report on 15.07.2023, wherein it was found that Rs.2,38,00,000/- had been transferred from the bank account of the complainant's husband to the bank account of the petitioner. 4. It further transpires from the record that the complainant had also filed an application under Section 156 (3) Cr.P.C./Section 175 (3) of B.N.S.S., 2023 on 08.08.2023 before the competent court, which was allowed on 18.08.2023 and the concerned police station was directed to register the first information report qua the allegations made in the complaint. In compliance thereof, the first information report was lodged on 27.08.2023 against 05 named accused persons including the petitioner, which was registered as Case Crime No.309 of 2023 under Sections 302, 120-B, 379, 420, 467, 468, 471, 406 and 342 IPC, Police Station Kotwali, District Jalaun. Thereafter, the Circle Officer requested the concerned Branch Manager of HDFC Bank to stop/freeze the transactions of the bank account of the petitioner. Consequently, by the impugned order/notice dated 06.06.2023 the respondent no.2 has directed the HDFC Bank Ltd. to freeze the bank account of the petitioner. 5. Sri Paritosh Malviya, learned A.G.A.-I submitted that in Case Crime No.309 of 2023, the police report/chargesheet is already submitted against the petitioner way back on 17.09.2024 and since then much water has flown. The petitioner is not bereft of forum to press the relief under Cr.P.C./B.N.S.S., 2023. 6. Confronted with this situation, Sri Raghuvansh Misra, learned counsel for the petitioner states that the instant writ petition may be dismissed as not pressed and leave may be accorded to press the appropriate relief, which is available to the petitioner under Cr.P.C./B.N.S.S., 2023. 7. Without adverting on the merits of the case & with the aforesaid leave, the writ petition stands dismissed as not pressed. Order Date :- 4.3.2025 RKP . (Prashant Kumar, J.) (Mahesh Chandra Tripathi, J.) Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad