Axis Bank Ltd v. State Of NCT Delhi
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3765/2025 & CRL.M.A. 16535/2025 AXIS BANK LTD .....Petitioner Through:
Mr. G.K.Mishra and Ms. Anamika, Advocates.
versus STATE OF NCT DELHI .....Respondent Through:
Mr. Pradeep Gahalot, APP for the State.
SI Smriti Sonam, PS Cyber South District.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 08.07.2025 1.
This hearing has been done through hybrid mode. 2.
The present petition under Section 528 of the BNSS seeks following prayers:- "i. Quash the FIR No. 0026 dated 22.04.2025 registered in Cyber Police Station, South District, New Delhi.
ii. Pass any other directions as this Hon'ble Court may deem fit and proper in the interest of justice."
3.
Learned counsel appearing on behalf of the petitioner/bank submits that vide order dated 21.02.2025, learned CJM has allowed the application on behalf of the complainant, Anand Pandey, for release of amount on superdari. 4.
Vide the aforesaid order, learned CJM has directed the petitioner/bank to release the amount of Rs.2,00,011/- lying in the Axis Bank account No.923020022565996. It is submitted that since the aforesaid account was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
subject to a lien/freeze by the bank authorities due to detection of multiple fraudulent transactions involving unauthorized debits, an application was filed by the petitioner/bank seeking clarification of the aforesaid order 21.02.2025 to give appropriate directions to the petitioner/bank with regard to the release of the amount clarifying that the lien/freeze of the account should not prevent the transfer of the amount as directed by the learned CJM. 5.
On the aforesaid application learned CJM vide order dated 22.04.2025 passed the following order:- "An application on behalf of Branch Head, Axis Bank, seeking appropriate direction with regard to the compliance of this Court order dated 21.02.2025.
It is seen that Branch Manager, Axis Bank neither complied with the order dated 21.02.2025 of this Court despite giving sufficient time and various opportunities nor filed any satisfactory reply till date. SHO concerned is directed to register FIR against the Official of Axis Bank under Section 223(a) BNS and complaince report in this regard be filed, returnable on 23.04.2025 at 12:30 PM.
Axis Bank Official is again directed to comply with the order dated 21.02.2025."
6.
It is pointed out that the aforesaid order dated 21.02.2025 was thereafter complied with and an amount of Rs. 2,00,011/- was remitted on 23.04.2025 into the account of the complainant.
7.
A perusal of the record reflects that the petitioner also preferred a revision petition, CR No. 189/2025, before the learned Sessions Judge, which was disposed of vide order dated 26.04.2025 by noting that since the FIR has already been registered, the prayer in the said petition had become infructuous, and therefore, the same was dismissed and disposed of. 8.
Status report dated 30.06.2025 authored by Insp. Hansraj Swami, SHO/PS Cyber South has been placed on record whereby, the fact of release The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of aforesaid amount of Rs. 2,00,011/- to the account of the complainant has been confirmed.
9.
A perusal of the aforesaid record reflects that the petitioner/bank never intended to not comply with the order dated 21.02.2025 passed by learned CJM and had sought clarification with regard to the same. It has also come on record that the order dated 21.02.2025 has since been complied with by the petitioner/bank on 23.04.2025.
10.
In view of the aforesaid facts and circumstances and in the interest of justice, the present petition is allowed and FIR No. 26/2025 dated 22.04.2025, under Section 223(a) of the Bharatiya Nyaya Sanhita, 2023, registered at P.S. Cyber Police Station South, New Delhi, is hereby quashed. 11.
The present petition is allowed and disposed of accordingly. 12.
Pending application(s), if any, also stand disposed of. AMIT SHARMA, J JULY 08, 2025/sn Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.