Rm Fishing Nets And ANR. v. The Union Of India And ORS.

D/L 17 26.02.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 27444 of 2024 RM fishing NETS & Anr.

Vs.

The Union of India & Ors.

Mr. Kiran Sk.

... for the Petitioners.

Mr. Aman Agarwal Mr. Debabrata Das Mr. A. Sarkar ... for the respondent no. 3.

Mr. Kumarjit Banerjee Ms. Sanchari Chakroborty Ms. Akanksha Chowdhury ...for the respondent no.6.

Mr. Arnab Basu Mullick ...for the respondent nos. 7 &8.

Mr. Samir Kumar Dutta Mr. Jasojeet Mukherjee ...for the Union of India.

1. The bank accounts of the petitioner with diverse banks stood frozen in terms of the request made by the Cyber Police Station Dwarka, Delhi Police because it was found to be involved in several fraudulent transactions.

2. Upon hearing the submissions made on behalf of all the parties, it appears that, just before the freezing, the petitioner wiped off practically all the fund available in the account maintained with the IndusInd Bank.

3. At this stage, even if, any direction is passed for de-freezing the account, the same will not serve any purpose because there is no amount left in the account of the petitioner maintained with the IndusInd Bank.

4. Learned counsel representing the Standard Chartered bank submits that, the account of the petitioner was used to handle the proceeds of crime.

5. Upon hearing the parties, the Court is not inclined to pass any order directing the bank to de-freeze the account of the petitioner as the same may give rise to further legal complications.

6. The cyber complaint team reference number pursuant to which the banks have taken action is 30809240040690.

7. It will be open for the petitioner to obtain order of de-freezing the bank accounts from the competent Court where the criminal proceeding is pending consideration.

8. No relief can be granted to the petitioner in the instant writ petition. The writ petition fails and is hereby dismissed.

9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.

(Amrita Sinha, J.)