Nirmallya Chakraborty v. Reserve Bank Of India And ORS.
16.09.2025 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 15900 of 2025 Nirmallya Chakraborty -versus Reserve Bank of India & Ors.
Mr. Nilanjan Bhattacharja. Sr. Adv.
Mr. Akash Adak.
...For the Petitioner.
Mr. Sovan Kumar Dutta.
Mr. D. Ch. Sarkar.
... For the respondent nos. 2 and 3.
Mr. Debabrata Das.
Mr. A. Sarkar.
Mr. Pratik Acharjee.
... For the respondent no. 1.
1.
The petitioner is aggrieved by the steps taken by the Bank to debit freeze the bank account without any prior notice to the petitioner.
2.
Prayer has been made to direct the Bank to defreeze the account.
3.
Learned advocate representing the Bank submits that the account of the petitioner stood frozen in accordance with the request made by the Investigating Officer of the Cyber Police Station, Patna. Certain fraudulent transactions were noticed in the account.
4.
After the petitioner lodged the complaint before the help desk of the bank challenging the unilateral freezing of his bank account, the Bank took steps and has de-freezed the bank account of the
petitioner on and from 18th July, 2025 and since thereafter the petitioner is conducting transactions in the said account. The suspected amount of rupees 29,990/- has, however, been marked as lien.
5.
According to the petitioner, the transaction of the aforesaid amount is absolutely legal and there is no fraudulent transaction as alleged.
6.
As it appears that the disputed sum has been kept frozen in accordance with the request made by the Investigating Officer in connection with a criminal case that has been registered before the Cyber Police Station, Patna, accordingly, it will not be proper for this Court to direct the Bank to defreeze the amount at this stage.
7.
It will be open for the petitioner to approach the competent forum where the criminal case has been registered for any further relief in this regard. 8.
The writ petition stands disposed of.
9.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
( Amrita Sinha, J.)