Page No.# 1/5 GAHC010196992025 2026:GAU-AS:134 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5128/2025 PAPPU MISHRA S/O- GAYA PRASAD MISHRA, R/O- PUB DHANIRAM PATHAR, P.O. TELIBASTI, P.S. AND DIST. HOJAI, ASSAM, PIN- 782435. VERSUS CANARA BANK AND 4 ORS HEAD OFFICE, TOWN HALL JUNCTION, DIST. BENGALURU, KARNATAKA, PIN- 560002. 2:CANARA BANK REGIONAL OFFICE AT 2ND FLOOR BLOCK-A MAYFAIR BUILDING LOKHRA RD SUBASH PALLY ODALBAKRA POST LALGANESH KAHILIPARA, GUWAHATI, ASSAM-781034. 3:CANARA BANK OF BADARPUR BRANCH S.T. ROAD BADARPUR P.O. AND P.S. BADARPUR DIST. SRIBHUMI, ASSAM, PIN- 788806. 4:CANARA BANK OF HOJAI BRANCH FIRST FLOOR MASJID ROAD P.O. AND P.S. HOJAI DIST. NAGAON ASSAM PIN- 782435. Page No.# 2/5 5:THE OFFICER-IN-CHARGE BADARPUR POLICE STATION P.O. BADARPUR DIST. SRIBHUMI ASSAM, PIN- 788806 Advocate for the Petitioner : S I AKAND, P ALAM,MR. T HUSSAIN Advocate for the Respondent : GA, ASSAM, SC, CANARA BANK BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 06-01-2026 Heard Mr. S. I. Akand, learned counsel for the petitioner. Also heard Mr. M. Sarma, learned Standing Counsel, Canara Bank, representing the respondent Nos. 1 to 4 and Ms. M. Bhattacharjee, learned State Counsel for the respondent No. 5. 2. Aggrieved by the freezing of the bank account of the petitioner bearing A/C No. 110008596180 of the Canara Bank, Hojai Branch, this writ petition has been instituted seeking a direction to the respondent bank to defreeze the said account. 3. The petitioner is a registered shopkeeper under the name and style of Modern Collection, situated at Apurba Market Complex, Main Road, Hojai, having GSTIN/UIN No. 18AXCPM7264R1ZM. 4. Pursuant to the FIR lodged by one Shri Ahmed Sahil of Bundashil, Badarpur, before the Officer-in-Charge, Badarpur Police Station, Badarpur, in respect of the loss of a mobile phone with an allegation of fraudulent withdrawal of Rs. 5,12,513.00/- (Rupees five lakh twelve thousand five Page No.# 3/5 hundred thirteen only) from the savings bank account of the complainant, the account of the petitioner bearing A/C No. 110008596180 was freezed by the respondent bank. 5. It is the contention of the petitioner that, being a shopkeeper, he routinely makes transactions through the said bank account. However, in the second week of March, 2025, he was prevented from operating his savings bank account. Upon enquiry with the respondent bank, the petitioner came to know that his account had been freezed pursuant to a notice issued by the Badarpur Police Station to the Canara Bank, Badarpur Branch, in connection with Badarpur P.S. Case No. 57/2025, registered under Sections 303(2) / 318(4) of the BNS, 2023. 6. It is the contention of the petitioner that his savings bank account was illegally freezed on the allegation of fraudulent transactions of Rs. 1,000/- (Rupees one thousand only) in connection with the aforesaid Badarpur P.S. Case No. 57/2025. The petitioner contends that he has nothing to do with the said fraudulent transaction and even if an amount of Rs. 1,000/- (Rupees one thousand only) was credited to his savings bank account from the complainant’s account, it was a routine business transaction by customers whom the petitioner has no relation other than customer-shopkeeper relationship. 7. Mr. Akand, learned counsel for the petitioner, submits that the petitioner has no connection with the said Badarpur P.S. Case No. 57/2025, as the transaction may have been made by a customer in the usual course of business while purchasing goods from his shop. Moreover, the petitioner has never been summoned by the Police in respect of the said case. The freezing of the account of the petitioner has been carried Page No.# 4/5 out without any proper investigation and no notice was issued to him. Despite several requests, no steps have been taken to defreeze the account of the petitioner, which has caused considerable hardship to his business. 8. Ms. M. Bhattacharjee, learned State Counsel for the respondent No. 5, while placing the communication dated 05.01.2026 submits that in the course of enquiry, the bank statement was collected in respect of the complainant’s account and it transpired that an amount of Rs. 1,000/- (Rupees one thousand only) was credited in the account of the petitioner out of the total amount which was withdrawn fraudulently from the complainant’s account. Therefore, the amount of Rs. 1,000/- (Rupees one thousand only) credited in the account of the petitioner is a proceeds of crime. She, therefore, submits that since the investigation is yet to be completed, it would not be appropriate to defreeze the account of the petitioner. 9. Mr. M. Sarma, learned Standing Counsel for the Canara Bank, fairly submits that the amount in dispute, which was credited to the account of the petitioner out of the fraudulent withdrawal from the complainant’s account, is only Rs. 1,000/- (Rupees one thousand only), and therefore, submits that it would be appropriate to keep the disputed amount freezed and the account of the petitioner may be directed to be defreezed in respect of the remaining balance. 10. Upon consideration of the matter, it transpires that, prima facie, an amount of Rs. 1,000/- (Rupees one thousand only) was credited to the account of the petitioner out of the total amount of Rs. 5,12,513/- (Rupees five lakh twelve thousand five hundred thirteen only) which is Page No.# 5/5 alleged to have been withdrawn fraudulently from the complainant’s account. However, there is nothing on record to show that the petitioner is in any manner connected or involved in the said fraudulent withdrawal except that the amount of Rs. 1,000/- (Rupees one thousand only) was credited to his account, as found during the course of enquiry. 11. Having considered that there are no materials against the petitioner to show his involvement in the said alleged fraudulent withdrawal from the complainant’s account in connection with Badarpur P.S. Case No. 57/2025 in any manner, except that an amount of Rs. 1,000/- (Rupees one thousand only) was credited to his account and also considering that the petitioner is a shopkeeper who routinely makes daily transactions online, I am of the considered view that, the petitioner cannot be made to suffer without any involvement in connection with Badarpur P.S. Case No. 57/2025. Moreover, no notice or summon whatsoever by the Police was issued to the petitioner. Thus, the freezing of the account of the petitioner, in my view, cannot be sustained. 12. Accordingly, the respondent Bank, namely, Canara Bank, Hojai Branch, the respondent No. 4 herein, is directed to defreeze the account of the petitioner bearing A/C No. 110008596180, forthwith. It is directed that the disputed amount of Rs. 1,000/- (Rupees one thousand only) be kept freezed and the petitioner be permitted to operate the account bearing A/C No. 110008596180 in respect of the remaining balance. 13. The writ petition stands disposed of, in terms above. JUDGE Comparing Assistant