Saradha Devi v. The Reserve Bank Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2025

CORAM

THE HONOURABLE Mr.JUSTICE SUNDER MOHAN W.P.Crl.(MD).No.1256 of 2025 Saradha Devi ... Petitioner Vs.

1.The Reserve Bank of India, Fort Glacis, No.16, Rajaji Road, Fort St.George, Chennai.

2.The Branch Manager, Indian Overseas Bank, Pudumadam Branch, No.5/2045, West Street, Pudumadam Village, Ramanathapuram District.

3.The Inspector of Police, Cyber Crime Cell, Central Crime Branch, O/o Tambaram City Police, Sholinganallur, Chennai.

4.The Station House Officer, CEN Crime Police Station, Mysuru City, Karnataka.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to direct the second respondent to de-freeze the bank account maintained by the petitioner bearing Account No.089001000009351 and releasing the entire amount held by the second respondent.

For Petitioner : Mr.K.Yasar Arafath For R2 : Mr.N.Dilipkumar For R3 & R4 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner has sought for a writ of mandamus directing the first respondent to direct the second respondent to de-freeze the bank account maintained by the petitioner bearing Account No.089001000009351.

2. The learned Additional Public Prosecutor appearing for the respondents 2 and 3, on instructions, would submit that the petitioner's account has been frozen pursuant to the investigation conducted by the respondents 3 and 4.

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3. The learned counsel appearing for the petitioner would submit that the impugned action of the respondents in freezing the account, without any prior notice to the petitioner, is not justified.

4. This Court is of the view that the proper course for the petitioner would be to approach the learned jurisdictional Magistrate and file a petition for return of property/de-freezing the account. The disputed facts cannot be entertained in a writ petition. With liberty to the petitioner to raise all these points before the learned jurisdictional Magistrate, this Writ Petition is disposed of. As and when such application is filed, the learned Magistrate may consider and dispose the same, as expeditiously as possible. There shall be no order as to costs.

08.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Rmk 3/5

To 1.The Inspector of Police, Cyber Crime Cell, Central Crime Branch, O/o Tambaram City Police, Sholinganallur, Chennai.

2.The Station House Officer, CEN Crime Police Station, Mysuru City, Karnataka.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SUNDER MOHAN, J.

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