Mahesh Bharadwaj v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4292 of 2025

1. Mahesh Bharadwaj S/o. Ramakrishna, 14/6, 5th Street, Jainagar, Arumbakkam, Chennai600106.

Petitioner(s) Vs

1. The Commissioner Of Police, 132, Evk Sampath Road, Periamet, Vepery, Park Town, Chennai600007.

2.State Represented By The Inspector Of Police, K-11, Cmbt Police Station.

3.State Represented By Inspector Of Police, Cyber Branch, Banswara District, Rajasthan.

4.Branch Manager, City Union Bank, Cp 24 Razack Garden Street, Mmda Colony, Arumbakkam, Chennai-600106.

Respondents 1/5

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, to direct the respondent No.3 to instruct the respondent No.4 to defreeze the account of the petitioner (A/c.No.500101010889438). For Petitioner : Mr.A.Praveen Kumar For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) for R1 and R2 : M/s.Hasmukh S Surana for R4

O R D E R

This petition has been filed seeking a direction to the respondents 3 and 4 to defreeze the account of the petitioner bearing A/c.No.500101010889438 lying in the fourth respondent's bank.

2. Though notice was served on the third respondent, no one appeared before this Court either in person or through counsel.

3. The petitioner has an account in the fourth respondent's bank. While being so, in response to the requests made by the third respondent, the fourth respondent had frozen the petitioner's account and did not permit the petitioner to operate his account.

4. A perusal of the requests made by the third respondent revealed that a complaint bearing Ref.No.22705240017103/2024 was lodged 2/5

against the petitioner by one Sanjay Gupta before the Rajasthan Cyber Crime Authorities. In the said complaint, it has been alleged that the said Sanjay Gupta had already deposited a sum of Rs.1,00,000/- for the petitioner. Later, it was unlawfully withdrawn by the petitioner.

5. According to the third respondent, the petitioner is not an accused. The defacto complainant has wrongly deposited the amount in the account of the petitioner. Infact, the petitioner also didn't wish to hold Rs.1,00,000/- in his account. Admittedly, the petitioner is not an accused.

6. In view of the above, the fourth respondent is directed to release Rs.1,00,000/- into the petitioner's account and the petitioner is permitted to operate his account other than the sum of Rs.1,00,000/-

7. With the above directions, this Criminal Original Petition is disposed of.

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To 1.The Commissioner Of Police, 132, Evk Sampath Road, Periamet, Vepery, Park Town, Chennai600007.

2.State Represented by The Inspector Of Police, K-11, Cmbt Police Station.

3.State Represented By Inspector Of Police, Cyber Branch, Banswara District, Rajasthan.

4.Branch Manager, City Union Bank, Cp 24 Razack Garden Street, Mmda Colony, Arumbakkam, Chennai-600106.

5. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

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