Sadhna v. Union Of India And ORS

$~91 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3757/2026 & CM. APPL. 18372/2026 SADHNA .....Petitioner Through:

Mr. Anurag Singh , Mr. Arun Kumar Tewari and Mr. Tapan Kumar, Advs.

versus UNION OF INDIA AND ORS .....Respondents Through:

Ms. Akanksha Gupta, SPC with Mr.

Yash Garg & Ms. Priya, Advs. R-2.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 24.03.2026 1.

This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- "a) Issue an appropriate writ, order or direction, more particularly a writ of Mandamus, directing the Respondents to forthwith defreeze the bank account of the Petitioner bearing Account No. 10075140833 maintained with IDFC First Bank Ltd., Janakpuri Branch, New Delhi.

b) Issue a writ, order or direction declaring the action of the Respondents in freezing the Petitioner's bank account without any notice, without any order of a competent Magistrate and without following the procedure prescribed under Sections 106 and 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) as illegal, arbitrary and violative of the fundamental rights guaranteed under Articles 14, 19(l)(g) and 2l of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

constitution of India.

c) Direct the Respondents that in case any amount is alleged to be disputed in relation to any cyber complaint, the Respondents may mark lien only to the extent of the disputed amount instead of freezing the entire bank account of the Petitioner.

d) Pass an order directing the Respondents to communicate the complete details of the alleged complaint, investigation and the authority under which the Petitioner's bank account has been frozen..."

2.

The case of the petitioner is that the petitioner maintains a bank with IDFC Bank, Janakpuri Branch, New Delhi which was put on hold on 04.02.2026 and no FIR summons were ever served by the investigating agency and the petitioner is not an accused in any criminal procedure. 3.

For the said reasons, issue notice.

4.

Ms. Gupta, learned counsel accepts notice on behalf of respondent No. 2 and states that the respondent no. 2 is investigating Rs. 1100/- put in the account of the petitioner, ie Rs. 500/- on 02.01.2026 and Rs. 600/- on 29.08.2025.

5.

I am of the view that placing of a lien/freezing of an account is an action entailing serious consequences creating hardships for the petitioner and the same might result in commercial death of the petitioner. The respondent bank cannot be permitted to take such harsh measures without complying with the principles of natural justice and without any application of mind.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

Additionally, a coordinate bench of this Court has made categorical observations in paragraph No. 19 of its Order dated 16.01.2026 titled as Malabar Gold and Diamond Limited & Ors. v. Union of India & Ors., W.P.(C) 4198/2025, that actions of blanket freeze in cases where the account holder is neither an accused nor a suspect, are manifestly arbitrary and in clear violation of Article 19(1)(g) and Article 21 of the Constitution of India.

7.

For the said reasons the impugned action of account freezing in the present case is not only in clear violation of the principles of natural justice but also disproportionate and an arbitrary exercise of power thereby striking a blow at the fundamental rights of the petitioner. The impugned action is without due application of mind as a complete blanket freeze has been imposed on the account of the petitioner for an allegedly suspicious entry of a meagre amounts. Therefore, the action deserves to be set aside. 8.

Consequently, the petition is allowed and it is hereby directed that subject to the lien of Rs. 1100/- the petitioner shall be permitted to operate the bank account 10075140833 maintained with IDFC First Bank Ltd., Janakpuri Branch, New Delhi.

9.

With these directions, the petition is disposed of. JASMEET SINGH, J MARCH 24, 2026/NG The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.