Guranditta Singh v. State Of Punjab And Others

CWP-2902-2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (104-2) CWP-2902-2025 Date of decision:- 19.01.2026 Guranditta Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Vinay Puri, Advocate, for the petitioner. Mr. Siddharth Sandhu, Assistant Advocate General, Punjab for respondents No.1 to 3.

Mr. A.P.S.Sehgal, Advocate (through VC) for respondent No.4 - HDFC Bank.

...

SUVIR SEHGAL, J. (Oral) 1.

This petition has been filed, inter alia, for issuance of a writ in the nature of mandamus directing respondent No.4 - bank to defreeze petitioner's Bank Account maintained at HDFC Bank, SCO No.548, Sector-70, SAS Nagar, Mohali.

2.

Counsel for the petitioner states that petitioner is running an immigration business and maintains a Bank Account No. 502000092488983, with respondent No.4 - bank. He submits that the account has been frozen by the bank, whereas respondent No.3 instructed the bank to keep a lien and hold disputed amount of Rs.28,000/-, as is evident from notice dated 13.01.2025, Annexure P-1. He has made a categoric assertion that there is no allegation of fraud against petitioner, nor has petitioner been named as an accused in any criminal proceeding.

PARDEEP NAUTIYAL 2026.01.27 17:45 I attest to the accuracy and authenticity of this order/judgment

CWP-2902-2025 -23.

Upon instructions, counsel for respondents No.4 - bank states that the freeze was applied on the basis of information received from Magadi Road Police Station, West Division, Bengaluru, and total disputed amount involved is Rs.28,000/-.

4.

I have heard counsel for the parties and considered their respective submissions.

5.

An investigating agency can debit freeze or attach a bank account only upon obtaining an order from the jurisdictional Magistrate in terms of Section 107 of BNSS, 2023, as has been held in Mr. Kartik Yogeshwar Chatur and others Versus Union of India and others, Law Finder Doc Id #2812474. No such order could be brought to the notice of this Court by counsel for respondent No.4.

6.

Keeping in view observations made by a co-ordinate Bench of this Court in CWP-3464-2024 titled as Jaspreet Singh Versus Union of India and others, decided on 05.07.2024, writ petition is disposed of with a direction to respondent No.4 - bank to defreeze Bank Account No.502000092488983. Bank will, however, keep a lien of the disputed amount, i.e., Rs.28,000/-, and petitioner would be at liberty to utilize the remaining balance amount lying in its account, without prejudice to any other attachment order or any order freezing the account.

(SUVIR SEHGAL) JUDGE 19.01.2026 Pardeep Whether Speaking/Reasoned Yes Whether Reportable Yes/No PARDEEP NAUTIYAL 2026.01.27 17:45 I attest to the accuracy and authenticity of this order/judgment