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Madras High CourtWP/11128/2025disposed of

Sarmishta Baliga v. Reserve Bank Of India

2025-04-17Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.12558 of 2025 Sarmistha Baliga ... Petitioner Vs

1. Reserve Bank of India, represented by its Governor, Central Office Building, Shahid Bhagat Singh Marg, Fort, Mumbai - 400001.

2. The Branch Manager, HDFC Bank, RA Puram Branch, No.10, Third Cross Street, R.A.Puram, Chennai, Tamil Nadu - 600 028.

3. The Station House Officer, Arundalpet Police Station, Guntur, Andhra Pradesh - 522002.

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

5. The Superintendent of Police, Cyber Crime Division - 1, Cyber Crime Wing, No.3, Dr.Natesan Road, Police Training College Campus, 3rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai - 600 083.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, directing the third respondent to quash the said Police Notice dated 07.01.2025 and consequently direct the second respondent to de-freeze the petitioner's HDFC bank account bearing Account No 50100212279215.

For Petitioner : Mr.Gautam S.Raman For R2 : Mr.C.Mohan Ms.A.Rexy Josephine Mary for M/s King and Partridge For R5 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed directing the third respondent to quash the said Police Notice dated 07.01.2025 and consequently direct the second respondent to de-freeze the petitioner's HDFC bank account bearing Account No 50100212279215.

2. Heard and perused the materials available on record.

3. The petitioner is holding an account with the second respondent. While being so, pursuant to the request made by the third respondent, the second respondent had frozen the account of the petitioner and did not permit the petitioner to operate his account.

4. A perusal of the notice of the third respondent revealed that the fraudulent transaction to the tune of Rs.19,187/- was credited to the petitioner's account. Now, the petitioner has expressed his willingness to retain the said amount in the account and sought permission to operate his account insofar as the remaining amount.

5. Considering the above facts and circumstances of the case, the second respondent is directed to retain a sum of Rs.19,187/- in the petitioner's account and to de-freeze the petitioner's account in respect of the remaining amount, thereby permitting the petitioner to operate the same.

6. With the above direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous petition is closed. No costs. 17.04.2025 : Yes/No Speaking/non-speaking order mn

To

1. The Governor, Reserve Bank of India, Central Office Building, Shahid Bhagat Singh Marg, Fort, Mumbai - 400001.

2. The Branch Manager, HDFC Bank, RA Puram Branch, No.10, Third Cross Street, R.A.Puram, Chennai, Tamil Nadu - 600 028.

3. The Station House Officer, Arundalpet Police Station, Guntur, Andhra Pradesh - 522002.

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

5. The Superintendent of Police, Cyber Crime Division - 1, Cyber Crime Wing, No.3, Dr.Natesan Road, Police Training College Campus, 3rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai - 600 083.

6. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 17.04.2025