Mohamedaboobucker v. The Bank Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Mohamed Aboobucker ... Petitioner Vs.

1. The Bank Manager, ICICI Bank, Chennai Main Branch, No 1610, Dare House Annexe 44, Moore Street ,Chenani-600 001.

2. The Police Inspector, Delhi Road, Majhola Moradabad District, Uttar Pradesh-244 102.

3. The Regional Director, RBI Fort Glacis, No.16 Raajaji Salai, Chenani-600 001.

4. The Inspector Of Police, Cyber Crime Police Station Moradabad, Jigar Colony, Moradabad, Uttar Pradesh-244 001.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct the 1st to 4th Respondents to pass necessary orders to defreeze the ICIC bank current Account No. 235205001141 which is un-functioning. For Petitioner : M/s.A.SyedKaleesha 1/5

For Respondents: Mr.Balamurali for M/s.Shiva Kumar and Suresh (for R1).

ORDER

The writ petition has been instituted to direct the respondents 1 and 4 to pass necessary orders to defreez the ICIC bank current Account No.235205001141 which is un-functioning.

2. The Bank Account of the petitioner with ICICI Bank was freezed based on two complaints received by the Bank from the second respondent Uttar Pradesh Police. Further complaint was received by the Bank from Karnataka Police regarding the same Bank Account. Based on the complaints, the Bank freezed the bank account of the petitioner.

3. The learned counsel, appearing on behalf of the ICICI Bank, would submit that the complaint given by the Police is relating to on-line financial fraud in the bank accounts, both in the state of Uttar Pradesh and in the state of Karnataka. It is not in dispute that the investigations are in progress. Therefore, the Police authorities have given a complaint to the Bank and to freez the bank account of the petitioner. In compliance with the complaint given by the Police, the Bank has freezed the bank account 2/5

and therefore, the petitioner has to cooperate for the criminal investigation undertaken by the competent Police authorities or to resolve the issues by approaching the competent Criminal Court of law, wherein the criminal case has been registered against the petitioner.

4. Thus, the relief as such sought for cannot be granted and consequently, the writ petition stands dismissed. However, there shall be no order as to costs.

03.04.2024 Index : Yes Speaking Order (sha) 3/5

To

1. The Bank Manager, ICICI Bank, Chennai Main Branch, No 1610, Dare House Annexe 44, Moore Street ,Chenani-600 001.

2. The Police Inspector, Delhi Road, Majhola Moradabad District, Uttar Pradesh-244 102.

3. The Regional Director, RBI Fort Glacis, No.16 Raajaji Salai, Chenani-600 001.

4. The Inspector Of Police, Cyber Crime Police Station Moradabad, Jigar Colony, Moradabad, Uttar Pradesh-244 001.

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S.M.SUBRAMANIAM . J., (sha) 03.04.2024 5/5