Riyaz Ali Abid Ali v. National Cyber Crime Reporting Portal(Nccr) Thr. Its Prinicpal Secretary And 3

2025:BHC-NAG:1714-DB 902-APPW-09-25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPW) NO.09 OF 2025 IN CRIMINAL WRIT PETITION NO.576 OF 2024 Riyaz Ali S/o Abid Ali, Prop. M/s Kabir Steel Traders, Mominpura, Nagpur -vsNational Cyber Crime Reporting Portal (NCCR), Thr. Principal Secretary, Ministry of Home Affairs, Govt. of India, New Delhi and ors.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri R. R. Prajapati, Advocate for petitioner. Shri N. S. Deshpande, DSGI for respondent No.1. Shri Anil Gowardipe, Advocate for respondent No.2/applicant. Shri CORAM : NITIN W. SAMBRE AND MRS VRUSHALI V. JOSHI, JJ. DATE : February 18, 2025 P. C.

1.

This is an application taken out by the respondent No.2-HDFC Bank seeking modification of the order dated 16/12/2024. 2.

It is the case of the respondent No.2-applicant to the application that communication dated 05/12/2024 was addressed to the Nodal Officer, HDFC Bank by IX Metropolitan Magistrate, Kukatpally, Cyberabad Dist. Cyberabad claiming involvement of Rs.6,25,000/- out of the account of the original petitioner. Subsequently, Police Notice under Sections 91 and 102 of Code of Criminal Procedure dated 07/11/2024 was issued by the office of The Assistant Commissioner of Police Cyber, Economics, Narcotics Crime Police Station, South Division, Bengaluru City stating involvement of amount of Rs.1,20,000/- each from two accounts of the petitioner maintained by the said Bank. It is the case of the Bank that both these communications were received subsequent to the order dated 16/12/2024. Hence, modification of the order is sought to the extent that the amounts referred above in these

902-APPW-09-25.odt 2/2 two communication/notice be declared to be withheld. 3.

The counsel for the original petitioner submits that the order dated 16/12/2024 can be modified to the aforesaid extent. 4.

As such, we deem it appropriate to modify the order dated 16/12/2024 thereby including an amount of Rs.6,25,000+Rs.2,40,000 to the amount of Rs.5,00,000/- which is already mentioned in para 6 of the order (Total amount Rs.13,65,000/-).

5.

It is declared that the applicant-Bank shall have lien on the aforesaid amount from the respective accounts of the original petitioner maintained with it and the balance amount be released in favour of the original petitioner.

6.

In view of the aforesaid, Criminal Application is allowed and disposed of.

(Mrs Vrushali V. Joshi, J.) (Nitin W. Sambre, J.) Asmita