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Madras High CourtWP/10476/2025disposed of

Green Ginger Traders v. Reserve Bank Of India

2025-04-04Honourable Mr Justice D.Bharatha Chakravarthy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.11797 of 2025 M/s.Green Ginger Traders, Rep. by its Partner C.Jahir Hussain .. Petitioner

Versus

1. Reserve Bank of India, Rep. by its Governor, H.O. 18th Floor, Central Office Building, Shahid Bhagat Singh Road, Mumbai - 400 001.

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

3. The Branch Manager, Axis Bank Limited, Koyambedu Branch, Plot No.10 & 11, J.N.Road (100 Feet Road), Rathnapuri, Koyambedu, Chennai, Tamil Nadu - 600 107.

4. The Station House Officer, 1/8

"TELANGANA HYDERABAD CITY Cyber Crime"

Police Station, Central Crime Station Building, Old Commissioner Office, Baseerbagh, Hyderabad, Telangana - 500 029.

5. The Station House Officer, Cyber Crime Police Station, Vibhuti Khand Gomti Nagar, Lucknow, Uttar Pradesh: 226 010.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus for a direction to 3rd respondent herein to consider and dispose the final representation letter, dated 03.03.2025 of the petitioner by removing the lien and debit freeze placed in the petitioner's bank account bearing No.911020025965125 maintained by the petitioner with 3rd respondent.

For Petitioner : Mr.S.Satish For Respondents : Mr.C.Mohan, Ms.A.Rexy Josephine Mary, for M/s.King & Partridge, for RR-1 and 2 : Dr.C.E.Pratap, Government Advocate (Crl. Side), 2/8

for R5

ORDER

This Writ Petition is filed for a direction to consider the representation of the petitioner, dated 03.03.2025 by removing the lien and defreezing the petitioner's bank account bearing No.911020025965125 maintained by the petitioner with the third respondent.

2. When this matter is taken up for admission, notice was ordered to the respondents. Notice is served on all the respondents. Mr.C.Mohan, learned Counsel appears for the respondent Nos.1 and 2. Dr.C.E.Pratap, learned Government Advocate (Crl. Side) appears for the fifth respondent. Under the said circumstances, this Court took up the matter for final disposal.

3. The grievance of the petitioner is that the petitioner is not involved in any crime whatsoever and absolutely not connected with any criminal 3/8

case whatsoever. While so, the respondent Nos.4 and 5 have sent a communication to the third respondent stating that a sum of Rs.8,95,098/- is seemed to be a suspected amount that is credited in the petitioner's account. Therefore, the authorities issued the directive. The said fact is confirmed by the learned Counsel for the respondent Nos.1 and 2. In view thereof, when the petitioner is not an accused in the case, interest of justice will be served for now to keep the said amount of Rs.8,95,098/- in reserve in any interest bearing deposit and the petitioner can be permitted to operate the account and depending on the outcome of the investigation, the petitioner can move the said authorities or to release the amount, in the manner known to law.

4. The learned Counsel for the respondent Nos.1 and 2 would submit that the allegations, that are raised against the respondent Nos.1 and 2 in paragraph No.20 of the Writ Petition, are incorrect.

5. In view thereof, this Writ Petition is disposed of with the following 4/8

directions:- (i) The third respondent bank shall de-freeze the account of the petitioner, bearing account No.911020025965125, on a condition that a sum of Rs.8,95,098/- shall be reserved and shall be invested in any interest bearing fixed deposit;

(ii) The petitioner is permitted to withdraw the balance amount and to operate the account in every manner whatsoever; (iii) The said deposit shall be held depending upon the further directions of the respondent Nos.4 and 5;

(iv) The petitioner will be entitled to move the third respondent or the authorities again depending on the outcome of the investigation; (v) There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

04.04.2025 : no grs 5/8

To

1. The Governor, Reserve Bank of India, H.O. 18th Floor, Central Office Building, Shahid Bhagat Singh Road, Mumbai - 400 001.

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

3. The Branch Manager, Axis Bank Limited, Koyambedu Branch, Plot No.10 & 11, J.N.Road (100 Feet Road), Rathnapuri, Koyambedu, Chennai, Tamil Nadu - 600 107.

4. The Station House Officer, "TELANGANA HYDERABAD CITY Cyber Crime"

Police Station, Central Crime Station Building, Old Commissioner Office, Baseerbagh, Hyderabad, Telangana - 500 029.

5. The Station House Officer, Cyber Crime Police Station, Vibhuti Khand Gomti Nagar, Lucknow, Uttar Pradesh: 226 010.

6/8

D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.No.11797 of 2025 7/8

04.04.2025 8/8