S/L 8 23.07.2026 Court. No. 25 suvayan WPA 14987 of 2026 R A A Arsalan Enterprise Private Limited Vs. The State of West Bengal & Ors. Mr. Moyukh Mukherjee Ms. Sagnika Banerjee … for the petitioner. Ms. Rashmi Bothra Mr. Asis Mukherjee …for the State. Mr. Abhimanyu Shandilya Mr. Gourab Das … for the respondent nos. 2 & 3. 1. The affidavit-of-service filed in Court today is kept with the record. 2. The petitioner has filed the present writ application praying for a direction upon the respondent Bank for defreezing the account of the petitioner. 3. Learned counsel for the petitioner submits that the petitioner is maintaining the Current Account with the respondent Bank but all of a sudden on June 20, 2026 the petitioner came to know that the account of the petitioner has been freezed by the Bank and not allowing to operate the same. Accordingly, the petitioner enquired the same from the Bank and the Bank has informed to the petitioner that the Bank has received a complaint from Karnataka Bangalore City Madivala Police Station with regard to freezing the account of the petitioner informing that there is a disputed amount of Rs. 5116/- in the account of the petitioner. 2 4. Learned counsel for the Bank submits that as per the instruction received from the investigating agency, the Bank has freezed the said account. 5. Learned counsel for the petitioner submits that the petitioner is maintained the Current Account in the said Bank for the purpose of business and due to freezing the account of the petitioner, the petitioner is facing difficulty to run the business. He further submits that only the disputed amount is Rs. 5116/- but the Bank has freezed the total account of the petitioner. He further submits that if the disputed amount is kept in lien, the petitioner will not be prejudiced so that the petitioner can operate the Bank account with respect of the further amount lying in the freezed account of the petitioner. 6. The petitioner has further relied upon the judgment in the case of Xenixt Technologies Private Limited & Ors. vs. Reserve Bank of India & Ors passed in WPA 8453 of 2025 dated May 6, 2026 another judgment passed in the case of Sanjay Gupta vs. State of West Bengal & Ors. reported in 2025 SCC OnLine Cal 10239 and the judgment in the case of Kartik Yogeshwar Chatur vs. Union of India & Ors. reported in 2025 SCC OnLine Bombay 4778 and the judgment passed in the case of Headstar Global Pvt. Ltd. Vs. State of Kerala reported in 2025 SCC OnLine Kerala 3546. 7. By referring the said judgments, the learned counsel for the petitioner submits that all the Courts including this Court has held that if the Investigating Officer intending to freeze bank account for the purpose of investigation, 3 an order from the Magistrate is required under Sections 106 and 107 of BNS, 2023. He further submits that in the present case, the Bank has freezed the account only on the basis of the written complaint received from the Karnataka Bangalore City Madivala Police Station with regard to the freezing of the account of the disputed amount of Rs. 5116/-. 8. Heard the learned counsel for the respective parties, perused the materials on record. 9. The Bank has freezed the account of the petitioner on receipt of the complaint from the Karnataka Bangalore City Madivala Police Station with regard to the transaction of Rs. 5116/- in the account of the petitioner. The disputed amount is Rs. 5116/- but on receipt of the said complaint, the Bank has freezed the total account of the petitioner. Admittedly, the account of the petitioner is a Current Account. 10. Admittedly, there is no order obtained by the investigating agency with regard to the freezing the account of the petitioner. The abovementioned judgments relied by the petitioner squarely applicable in the present case as there is no order from the Magistrate with regard to the freezing the account of the petitioner. 11. Considering the above, the Bank is directed to defreeze the account of the petitioner be keeping the disputed amount of Rs. 5116/- in lien and to allow the petitioner to operate the bank account. 12. WPA 14987 of 2026 is disposed of. 4 13. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Krishna Rao, J.)