Amit Ghosh v. The Bank Of India And ORS

20.12.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 29405 of 2024 Amit Ghosh -versus The Bank of India & Ors.

Mr. Lalratan Mondal, Mr. Dilip Kumar Sadhu.

...For the Petitioner.

Mr. Arnab Sinha, Mr. Amalya Basu.

...For the Respondent Nos. 1 & 2.

1.

Affidavit-of-service filed in Court today is taken on record.

2.

The Bank Account of the petitioner has been frozen by the Bank of India relying upon a communication made by the Sub-Inspector of Police, Yelamanchili Rural Station, Anakapalli District dated 25th November, 2024.

3.

The communication mentions that a petition was registered by the complainant who is a victim of investment App fraud. The police in the course of investigation have noticed that the Bank account of the petitioner has been found to be a fraud account and request has been made to freeze the same under the provisions of Sections 94 and 106 BNSS.

4.

The petitioner submits that he is no way connected with the fraud and no amount of money has been credited in the Bank account of the petitioner.

5.

Learned advocate appearing on behalf of the Bank submits that the Bank has acted as per the request of the police.

6.

It appears from the communication of the police that the police are investigating the case at present. It will be open for the petitioner to approach the competent forum to defreeze the said Bank account. 7.

The prayer sought for by the petitioner for de-freezing the bank account cannot be allowed by this Court.

8.

The writ petition fails and is hereby dismissed.

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.)