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

2024:BHC-NAG:13884-DB 1-Cri.WP-576-24.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR 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 Chandrashekhar Rohankar, Advocate for respondent No.2. Shri S. S. Doifode, Additional Public Prosecutor for respondent No.3. CORAM : NITIN W. SAMBRE AND MRS VRUSHALI V. JOSHI, JJ. DATE : December 16, 2024 1.

Heard.

2.

Our attention is invited to the judgment delivered by the Madras High Court on 10/09/2024 in Writ Petition No.25631/2024 (Mohd. Saifullah vs. Reserve Bank of India and ors.).

3.

We are in agreement with the view expressed by the learned Single Judge in the aforesaid judgment as the investigating agency ought not to have freezed the account of the petitioner in its entirety as the Investigating Officer can be said to have lean over only the amount to the extent involved in the crime in question.

4.

We are informed across the bar that the amount alleged to be involved and attributed to the petitioner in the crime in question is Rs.5,00,000/- (Rupees Five Lakhs).

5.

That being so, we deem it appropriate to dispose of the petition by directing the concerned Authority to de-freeze the account of the petitioner in terms of prayer clause (i).

6.

However, we make it clear that there shall be lean of the Investigating Officer in Crime No.126/2024 to the extent of amount of Rs.5,00,000/- lying in the aforesaid account of the petitioner.

7.

Writ Petition is partly allowed in aforesaid terms. No costs. (Mrs Vrushali V. Joshi, J.) (Nitin W. Sambre, J.) Asmita