Mr. Dinesh Kumar v. Union Of India & ORS.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11484/2024 & CM APPL. 47680/2024 MR. DINESH KUMAR .....Petitioner Through:

Mr. Sudhir with Mrs. Jyoti, Mr.

Jitender and Ms. Sabina, Advocates.

versus UNION OF INDIA & ORS.

.....Respondents Through:

Mr.Shashank Bajpai CGSC, Ms.

Aashna Mehra, Mr. Vatsal Tripathi, Mr. Govind Singh Chauhan, Advs.

for R1 to R3.

Mr. Abhishek Baid with Mr. Praneet Das, Mr. Mohit Kumar Bafna and Mr. Ravinder Kumar, Advs. for Respondent No.4/RBI.

Ms. Sejal Jain, Advocate for R5.

Mr. Samir Ali Khan, Mr. Abhimanyu Jhamba, Ms. Thonpinao Thangal, Ms.

Ayushi Srivastava, Advs. for R6.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 21.04.2026 1.

The petition is for the following reliefs:

a. Issue a writ of Mandamus or any other writ order or directions directing the Respondents to unfreeze the bank account of nondisputed amount of the Petitioner bearing account number 10060250875 of IDFC Bank.

b. Direct the Respondents to conduct a fair and transparent investigation into the matter and provide an opportunity to the Petitioner to present his case.

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

c. Pass any order or further order(s) of direction(s) as this Hon'ble Court deems fit, proper & appropriate in favour of the petitioner, in the interest of justice, fair play and equity 2.

The petitioner seems to be participating in online games that involve investing money and receiving returns on winnings, which according to him is deposited into his bank account bearing Account Number 10060250875 of IDFC Bank Ltd. (hereinafter 'the Bank').

3.

It is the case of petitioner that earlier in 2024, his bank account was frozen without any prior notice or intimation. Upon making a complaint regarding freezing of petitioner's bank account, it was informed that pursuant to the directions issued by the Cyber Crime Police Station Gopalganj, Bihar; Cyber Crime Police Station, Karnataka and Cyber Crime Police Station, Tamil Nadu the compliance was made and the account was frozen.

4.

The sole grievance of the petitioner is that his bank account has been kept frozen since 2024, without any notice and resolution being made despite efforts of the petitioner.

5.

The Court finds that the petitioner has not been served with any notice or summons from any of the investigating agencies. The petitioner's account cannot be remained under continued freezing without any proper justification. The Court in the case of Malabar Gold and Diamond Ltd. & Ors. V. Union of India & Ors.1 in paragraph no. 19 has held as under: 1 W.P.(C) 4198/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

19. In light of these provisions, it is also pertinent to note that any blanket or disproportionate freezing of bank accounts, particularly where the account holder is neither an accused nor even a suspect in the offence under investigation, is manifestly arbitrary, and in the teeth of the fundamental rights under Article 19(1)(g) and 21 and of the Constitution of India, which encompass the right to livelihood and freedom to carry on trade and business. Such indiscriminate debit freezing, without any finding of complicity, has the inevitable effect of paralysing the day-to-day business operations of an otherwise innocent entity, resulting in loss of commercial goodwill and financial consequences, thereby subjecting a non-complicit account holder to punitive consequences.

6.

It is manifest that continued freezing of petitioner's account is de hors the provisions of law. In view of aforenoted, the action of freezing is directed to be lifted immediately. Liberty is granted to the Investigating Agency to undertake necessary inquiry.

7.

The petitioner's undertaking is taken on record that he will fully cooperate.

8.

Accordingly, the writ petition along with pending applications stands disposed of.

PURUSHAINDRA KUMAR KAURAV, J APRIL 21, 2026 Tr/ss The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.