Winzo Games Private Limited v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR WinZo Games Private Limited, Through its Authorised representative Ms.Soumya Singh Rathore Registered Office at Suite No.106, Copia Corporate Suite, Jasola District Centre, Jasola, New Delhi-110 025.

... Petitioner Vs.

1.The Inspector of Police, Cyber Crime Wing, Tambaram City Police, Chennai-600 059.

2.The Commissioner of Police, Tambaram City Police, Chennai-600 059.

3.HDFC Bank Limited Through its Manager, No.B/225, Ground Floor, Phase I, Naraina Industrial Area, New Delhi-110 028.

... Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to defreeze the petitioner's HDFC Bank Account No.50200030103743, maintained with the respondent No.3 and consequently, direct the respondent No.3 to de-freeze and restore full operational access to the said account forthwith.

For Petitioner :

Mr.Abhishek Malhotra, Sr. Counsel Asst. by Mr.A.R.Pradeep & Mr.Angad S Dugal For Respondent :

Mr.R.Vinothraja, GA (Crl. Side) Nos.1 & 2 For Respondent-3 : Mr.C.Mohan & Ms.A.Rexy Josephine Mary for M/s.King & Patridge

O R D E R

This Writ Petition has been filed seeking a direction to the first and second respondents to de-freeze the petitioner's HDFC Bank Account bearing No.50200030103743, maintained with the third respondent and further to direct the third respondent to de-freeze and restore full operational access to the said account forthwith.

2. Heard the learned Senior counsel for the petitioner as well as the learned Government Advocate (Crl. Side) appearing on behalf of the first and second respondents and learned Standing counsel for the third respondent Bank.

3. The learned Senior counsel for the petitioner submitted that the first respondent without any notice, jurisdiction and following any mandatory safeguards of BNSS, had frozen the bank account of the petitioner maintained with the third respondent herein. He further submitted that the petitioner had made detailed representations to the respondents as well as to the Director General of Police, Chennai; the Assistant Commissioner of Police, Chennai; the Deputy Commissioner of Police, Tambaram and the the Deputy Commissioner of Police, Cyber Crime Bureau, Chennai for defreezing the said account but no action was taken by the respondents. It is also brought to the notice of this Court by the learned Senior counsel that the petitioner's name was not found place in the FIR and the alleged crime has no nexus with the petitioner's frozen account. Hence, he seeks intervention of this Court to issue a direction to the respondents to de-freeze the petitioner's account so that the petitioner can access and operate the

same rescuing him from insurmountable operational impediments and other consequences.

4. Per contra, the learned Government Advocate contended that based on the on-line crime, a case has been registered against two accused and they were arrested. On the confession of one of the accused in FIR No.106 of 2024, it came to focus that certain amounts have been transferred by the accused to the petitioner. He submitted that the account of the petitioner is a 9th layer account which has only a lien over amount of Rs.230/-. He further submitted that the petitioner has not been arrayed as an accused in the said FIR as on date and moreover, due to certain facts revealed by the other accused, the first respondent had issued notice calling upon the petitioner for enquiry along with relevant documents.

5. Considering the facts and circumstances of the case, this Court is of the view that since the petitioner's account is a 9th layer account, there is no financial implications for the third respondent bank to de-freeze the petitioner's account and hence, the respondents can keep the lien over amount of Rs.230/- and permit the petitioner to operate the balance amount by de-freezing the subject account. Accordingly, the petitioner is permitted

to access and operate the balance amount apart from the lien over amount of Rs.230/- and there shall be a direction to the first and second respondents to issue necessary instructions to the third respondent Bank in this regard.

6. With the above directions, the Writ Petition stands closed. There shall be no orders as to costs.

11.09.2025 Index:Yes/No NCC:Yes/No DP To 1.The Inspector of Police, Cyber Crime Wing, Tambaram City Police, Chennai-600 059.

2.The Commissioner of Police, Tambaram City Police, Chennai-600 059.

3.The Public Prosecutor, Madras High Court.

N.SATHISH KUMAR.J, DP 11.09.2025