R.Vijayalakshmi v. The Assistant Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11815 of 2025 R.Vijayalakshmi ....
Petitioner Vs 1.The Assistant Commissioner of Police Cyber Crime Cell, Central Crime Branch Commissioner Office Campus Tambaram.
2.The Inspector of Police, S-10 Pallikaranai Police Station, No.153,Velachery Main Road Pallikaranai, Chennai Tamil Nadu-600 100 3.The Branch Manager Equitas Small Finance Bank Ltd Phase II, 4th Floor, Spencer Plaza No.769, Anna Salai, Chennai-600 002.
....
Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 2nd respondent to instruct the 3rd respondent to de-freeze the Account bearing No.100019070484 in the petitioner's name maintained with the 3rd respondent within a time to be fixed by this Court.
For Petitioner : Mr.Neelesh Sundaram for M/s.Nathan and Associates For R1& R2 : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
This Criminal Original Petition has been filed seeking a direction to the third respondent to defreeze the petitioner's bank account bearing Account No.100019070484.
2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first and second respondents. Perused the materials available on record.
3. It is seen from the records that the petitioner's son was involved in online gaming and fraudulently received a sum of Rs.9,400/- from a victim, which was deposited in to the petitioner's bank account. Based on the complaint received and the request made by the second respondent, the petitioner's bank account was frozen by the third respondent.
4. The learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 submitted that additional amounts, alleged to have been fraudulently obtained through online gaming scams from a victim in Haryana, were also deposited into the petitioner's bank account. Consequently, the Inspector of Police, Cyber Cell, Manesar, Gurugram District, Haryana, made a request to freeze the account of the petitioner.
5. The learned counsel appearing for the petitioner would submit that the petitioner has nothing to do with the online gaming fraud committed by her son. She is a senior citizen and is unable to meet her medical expenses due to the freezing of her bank account.
6. In view of the above, it is directed that a sum of Rs.50,000/- shall be retained as lien in the petitioner's bank account towards the claim made by the second respondent as well as the Inspector of Police, Cyber Manesar, Gurugram, Haryana. The petitioner is permitted to operate her account in respect of the remaining balance, excluding the lien amount of Rs.50,000/-.
7. With the above direction, this Criminal Original Petition stands disposed of.
22.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Assistant Commissioner of Police Cyber Crime Cell, Central Crime Branch Commissioner Office Campus Tambaram.
2.The Inspector of Police, S-10 Pallikaranai Police Station, No.153,Velachery Main Road Pallikaranai, Chennai Tamil Nadu-600 100
3. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J.
Lpp Crl.O.P.No.11815 of 2025 22.04.2025