Deebak v. Reserve Bank Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Deebak ... Petitioner Vs.

1. Reserve Bank Of India, Rep. By Its Authorized Officer, Head Office At 16th Floor, Central Office Building, Shahid Bhagat Singh Road, Mumbai 400 001.

2. Additional Director General Of Police, Police Trainign College Campus, 3rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai-83.

3. HDFC Bank Ltd., Rep. By Its Principal Nodal Officer, 5th Floor, Tower B, Peninsula Business Park, Lower Parel West, Mumbai 400 013.

4. The Regional Director, Reserve Bank Of India, Fort Glacis, No.16, Rajaji Salai, Chennai-600 001.

5. The Branch Manager,

HDFC Bank Ltd., DLF Ramapuram Branch, DLF Info City Chennai Limited, Block 12, Shiaji Gardens, Ramapuram Mount Poonamallee Rd, Manapakkam.

6. The Superintendent Of Police Cyber Crime Divisin-1, Police Training College Campus, 3rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai-83.

7. The Inspector Of Police, Cyber Police Station, Rohtak District, Haryana.124 001.

(R7-Impleaded as per Order Dated 25.03.2025 in W.Mp.12002/2025 in W.P.9612/2025) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the fifth respondent to dispose of the petitioner's representation dated 31.01.2025 by defreezing the petitioner's account bearing account No.50100174492415 and IFSC code HDFC0001869 and releasing the amount of Rs.1,00,000/- held by the fifth respondent.

For Petitioner : Mr.Kiran Narayanan For Respondents For R2 : Mr.A.Gopinath Government Advocate (Crl. Side) For R3 & R5 : Mr.C.Mohan Ms.A.Rexy Josephine Mary For M/s. King & Partridge

ORDER

This writ petition has been filed for direction directing the fifth respondent to defreeze the petitioner's account bearing account No.50100174492415 and IFSC code HDFC0001869 and releasing the amount of Rs.1,00,000/- held by the fifth respondent, by considering the petitioner's representation dated 31.01.2025. 2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.

Admittedly a sum of Rs.1,00,000/- has been transferred to the petitioner's account from the third party account, which is lying in the third respondent bank. In pursuant to the registration of FIR in Crime No.62 of 2023 on the file of the seventh respondent, registered for the offence punishable under Section 420 of IPC., a request was made to the fifth respondent to defreeze the account and mark lien to the tune of

Rs.1,00,000/- in the petitioner's account. Subsequently, the petitioner was permitted to operate his account by holding lien amount of Rs.1,00,000/- with the fifth respondent. Now the investigate is completed and filed final report and the crime proceeds of Rs.1,00,000/- has been transferred to the defacto complainant account. Therefore, the direction sought for in this petition cannot be granted and the writ petition itself is devoid of merits and liable to be dismissed.

4.

Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs.

08.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To

1. Authorized Officer, Reserve Bank Of India Head Office At 16th Floor, Central Office Building, Shahid Bhagat Singh Road, Mumbai 400 001.

2. Additional Director General Of Police Police Trainign College Campus, 3rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai-83.

3. The Principal Nodal Officer, HDFC Bank Ltd., 5th Floor, Tower B, Peninsula Business Park, Lower Parel West, Mumbai 400 013.

4. The Regional Director, Reserve Bank Of India, Fort Glacis, No.16, Rajaji Salai, Chennai-600 001.

5. The Branch Manager, HDFC Bank Ltd., DLF Ramapuram Branch, DLF Info City Chennai Limited, Block 12, Shiaji Gardens, Ramapuram Mount Poonamallee Rd, Manapakkam.

6. The Superintendent Of Police Cyber Crime Divisin-1, Police Training College Campus, 3rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai-83.

G.K.ILANTHIRAIYAN, J.

rts

7. The Inspector Of Police, Cyber Police Station, Rohtak District, Haryana.124 001.

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

08.04.2025