Madras High CourtWP/19584/2025dismissed

Mohamed Shakir Hussain v. The Commissioner Of Police,

2025-06-04Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.No.19584 of 2025 and W.M.P.No.21925 of 2025

1. Mohamed Shakir Hussain

2. Shahida Begum ... Petitioners Vs.

1. The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai 600 007.

2. The Deputy Superintendent of Police, Cyber, Economic & Narcotic, Crime Police Station, Chikkaballapura-562 101

3. The Inspector of Police, Cyber, Economic & Narcotic, Crime Police Station, Chikkaballapura-562 101.

4. The Branch Manager, DBS Bank, Kottivakkam Branch, No.1/165, ECR Road, Kottivakkam, Chennai 41.

5. The Branch Manager, Karur Vysya Bank, Kottivakkam Branch, Chennai - 41.

6. The Branch Manager, State Bank of India, Kottivakkam Branch, Ckhennai - 41.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents No.2 and 3 to de-freeze the accounts of the petitioners in (1) DBS Bank Account No.0390324000007231 (2) SBI Bank Account No.00000020037454602

(3) Karur Vysya Bank Account No.1621155000001381 and (4) Karur Vysya Bank Account No.1621155000105682.

For Petitioner : Mr.Abinesh Babu For R1 : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed seeking to issue a Writ of Mandamus to direct the respondents Nos.2 and 3 to de-freeze the accounts of the petitioners in (1) DBS Bank Account No.0390324000007231 (2) SBI Bank Account No.00000020037454602

(3) Karur Vysya Bank Account No.1621155000001381 and (4) Karur Vysya Bank Account No.1621155000105682.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the first respondent- Police and perused the materials available on record. 3.On a perusal of the records, is seen that F.I.R in Crime No.70 of 2024 has been registered as against the petitioners for the offences under Section 66(D) of IT Act and Sections 406 and 420 of IPC by the third respondent/Police and they have sent a communication to the Bank to freeze the petitioners' account. Further, it is seen that the second and third

respondents are Karnataka Police. The petitioners have filed this petition seeking to direct the second and third respondent-Police to de-freeze the petitioners' Accounts. The first respondent-Police has nothing to do with this case. Hence, this Court is not inclined to grant the relief as sought for by the petitioners in this writ petition. However, the petitioners are at liberty to workout their remedy before the competent Civil Court.

4. With the abovesaid direction, this Writ Petition is dismissed. No costs.

5. W.M.P.No.21925 of 2025 is ordered on payment of separate Court fees by each of the petitioners.

04.06.2025 mfa Index:Yes/No Speaking Order: Yes/No