Milton John Mathew v. The Branch Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.1675 of 2025 Milton John Mathew ... Petitioner Vs.
1. The Branch Manager, ICICI Bank, Plot No.10, Block 6 Moggappair West, Chennai - 600 037.
2. The Branch Manager, Kotak Mahindra Bank, Ceebros Lotus, Door No.40, Montieth Road, Egmore.
3. The State, Deputy Superintendent of Police, State Cyber Crime Investigating Centre, Ashok Nagar, Chennai 83.
4. Dr.D.Venkata Ramanaiah (Suo Motu impleaded as per order dated 17.01.2025 in W.P.No.1434 of 25) ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first respondent herein to defreeze the savings NRO Account No.190101504654 and to direct the second respondent to defreeze the savings Account No.1357979999. For Petitioner : Mr.Sunny Sheen Akkara For Respondents For R1 : Mr.S.Krishna For M/s. Acuity law Associates For R2 : Mr.K.Senthil Kumar For R3 : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)
ORDER
This Writ Petition has been filed for direction directing the respondents 1 & 2 to defreeze the saving accounts of the petitioner. 2.
It is seen that on the complaint lodged by the defacto complainant, the third respondent registered FIR in Crime No.10 of 2023 for the offences punishable under Section 420 of IPC and Sections 43(1) & 56 of the Information Technology Act, as against the petitioner. In pursuant to the registration of the FIR, the third respondent requested the bank to freeze the account of the petitioner. Now the investigation is still pending in Crime No.10 of 2023.
3.
The learned counsel appearing for the petitioner submitted
that third respondent failed to comply the procedure as contemplated under Section 102(3) of the Cr.P.C.
4.
On instructions, the learned Government Advocate (Crl. Side) appearing for the respondents police submitted that the provision has been duly comply with.
5.
Considering the above submissions, pending investigation the defreeze of account does not arise and this Court finds no merits to defreeze the petitioner's bank account. However, the third respondent is directed to complete the investigation in Crime No.10 of 2023 and file final report within a period of twelve weeks from the date of receipt of a copy of this Order.
6.
Accordingly, the Writ Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
13.02.2025 Index : Yes/No : Yes/No rts
G.K.ILANTHIRAIYAN. J, rts To
1. The Branch Manager, ICICI Bank, Plot No.10, Block 6 Moggappair West, Chennai - 600 037.
2. The Branch Manager, Kotak Mahindra Bank, Ceebros Lotus, Door No.40, Montieth Road, Egmore.
3. The Deputy Superintendent of Police, State Cyber Crime Investigating Centre, Ashok Nagar, Chennai 83.
4. The Public Prosecutor, Madras High Court, Chennai.
and W.M.P.No.1675 of 2025 13.02.2025