Shashi Anand v. The Union Of India Through The Secretary, Ministry Of Home Affairs, Govt. New Delhi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.2239 of 2024 Arising Out of PS. Case No.-1474 Year-2024 Thana- Cyber P.S. District- Patna ====================================================== Shashi Anand Son Of Jagnnath Singh Village- Ghoshrama, Ps- Hayaghat, Dist- Darbhanga P/A- Residing At Aashirwad Behind Surya Mandir, Near Byepass Chowk, Anisabad, Ps- Gardanibagh, Dist- Patna ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Home Affairs, Govt. New Delhi 2.

The Secretary, Ministry of Home Affairs, Govt. of India, New Delhi 3.

The CEO, Indian Cyber Crime Coordination Centre, Ministry of Home Affairs, Govt. Of India New Delhi 4.

The Commissioner of Police, New Delhi 5.

The Deputy Commissioner, Cyber Cell, North Delhi, New Delhi 6.

The Station House Officer, Cyber Cell Saket, New Delhi 7.

State of Bihar through the Secretary, Home (Special) Dept. Govt. of Bihar, Old Secretariat Patna Bihar 8.

The Director General of Police, Bihar, Patna Bihar 9.

Superintendent of Police, Economic Offence Unit, Bailey Road, Patna Bihar 10.

The Deputy Superintendent of Police-cum-station House Officer, Cyber Police Station, Lalit Bhawan Patna Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jagnnath Singh, Advocate Mr. Padmanabh Kashyap, Advocate Mr. Deepak Kumar, Advocate Md. Gulam Mustafa, Advocate For the EOU :

Mr. K.N. Singh(A.S.G) Mr. Amish Kumar CGC Mr. Shivaditya Dhari Sinha, JC to ASG For the SBI :

Mr. Apurv Harsh For the State :

Mr. Raghwandand, GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-06-2025 Heard the learned counsel for the petitioner, learned ASG for the Union of India and the learned counsel for the State.

Patna High Court CR. WJC No.2239 of 2024(4) dt.17-06-2025 2/3

2. A supplementary affidavit has been filed by Dr. K.N. Singh, learned A.S.G. and Mr. Amish Kumar, learned CGC.

3. This is an application for issuance of a writ in the nature of mandamus or any other appropriate writ, rule, direction commanding the respondent authorities to remove the hold placed on Account No. (1) i.e., A/c No. 42686860098 standing in the name of Shashi Anand (the petitioner) in the State Bank of India, Sahasram Branch, Darbhanga, an on account no. (2) i.e., A/c No. 334301502413 standing in the name of one Aniket Kumar in the ICICI Mithapur Branch, Patna by the Patna Cyber Cell and also on two accounts i.e., A/c No. 42686860098 standing in the name of Shashi Anand (the petitioner) at Sahasram Branch, Darbhanga and A/c No. 31115167788 standing in the name of Narayan KisanSewa Kendra (A petrol pump run by petitioner) at State Bank of India, Sahasram Branch, Darbhanga by the Cyber Cell, Delhi without any rhyme and reason even without informing the reason for placing the hold either by the Patna Cyber Cell or by Delhi Cyber Cell.

4. In the course of the hearing, Delhi Police filed its counter affidavit and supplementary counter affidavit. The

Patna High Court CR. WJC No.2239 of 2024(4) dt.17-06-2025 3/3 account has been put on hold at the request of the Delhi Police. The tracking report has also been filed by the learned counsel for the Delhi Police.

5. Prima-facie, I am of the view that there are disputed questions of fact involved in this case and this Court cannot go behind those facts and release the amount in favour of the petitioner.

6. In these circumstances, this application is disposed of with liberty to the petitioner to approach the SHO, Cyber Police Station, South Delhi, who will act in accordance with law.

(Sandeep Kumar, J) Shishir/- U