M/S. Quick Forex Ltd., v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.12.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN --- Messrs. Quick Forex Limited, Rep. by its Manager-Sales, Chennai, Mr.Vijay S.Subramanyam .. Petitioner Vs.

1. The Deputy Superintendent of Police Cyber Crime Wing, Erode-638 001.

2. State, rep. by Inspector of Police, Cyber Crime Wing, Erode District.(Crime No.04 of 2023)

3. The Branch Manager, IndusInd Bank Limited, New Delhi.

.. Respondents Criminal Original Petition filed under Section 528 of BNSS to direct the second respondent to de-freeze the petitioner's Bank Account bearing No.259899999499 maintained before the third respondent-Bank within the time stipulated, based on the petitioner's representation, dated 24.09.2024 by this Court.

For petitioner : Mr.M.Guruprasad For respondents: Mr.S.Sugendran, Addl.P.P. for RR-1 and 2 M/s.Akshay Samadaria for R-3

ORDER

The petitioner has filed the present petition seeking to direct the second respondent to de-freeze the petitioner's Bank bearing Account No.259899999499 maintained before the third respondent-Bank within the time stipulated, based on the petitioner's representation, dated 24.09.2024 by this Court.

2. The disputed amount is Rs.5 lakhs and the respondents 1 and 2/Police have also given intimation to the third respondent only to attach Rs.5 lakhs, but still, the third respondent has not de-freezed the remaining amount. Therefore, the petitioner has filed the present petition for the above relief.

3. The third respondent-Bank submitted that they have received the request to attach not only from the petitioner, but also from some other 11 places/persons, and therefore, in the above circumstances, they cannot defreeze the amount of the petitioner-Company.

4. Though the petitioner-Company is not an accused in this case, however, based on the complaint and investigation, it is seen that the transactions took place at the instance of the petitioner-Company and it is alleged that the petitioner-Company is involved in the criminal case. Hence, in the above circumstances, the petitioner is not entitled to get the relief sought for. Hence, this petition is dismissed.

5. The petitioner-Company is at liberty to work out their remedy in the

manner known to law, after filing of the charge-sheet by the Police. 17.12.2024 cs To

1. The Deputy Superintendent of Police Cyber Crime Wing, Erode-638 001.

2. State, rep. by Inspector of Police, Cyber Crime Wing, Erode District.(Crime No.04 of 2023)

3. The Public Prosecutor, High Court, Madras.

P.VELMURUGAN, J cs 17.12.2024