Sanjay Patel v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2812 OF 2025 LAXMI SUBHASH SONTAKKE by LAXMI SUBHASH SONTAKKE Date: 2025.07.16 12:08:54 +0530 Sanjay Patel

...Petitioner

Versus

The State of Maharashtra, through Osmanpura Police Station & Anr.

...Respondents

....

Mr. Karan Kadam with Ms. Suchita Chavan i/b Mr. Prabhakar M. Jadhav for the Petitioner.

Mr. V. Gavand, APP for Respondent Nos.1 and 2 None for Respondent No.3 - bank.

....

CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ.

DATE : 9TH JULY, 2025.

ORAL JUDGMENT (PER: Gautam A Ankhad, J) 1.

Rule. Rule made returnable forthwith and heard finally by the consent of parties.

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2.

This Petition seeks quashing of directions issued by Respondent Nos.1 and 2 through the Osmanpura Police Station, by which the Petitioner's savings bank account No.028101526027 with the ICICI Bank, Goregaon (East) Branch, Mumbai has been frozen. 3.

Mr. Kadam, learned Counsel for the Petitioner submitted that on 26th March, 2025, a lien was marked for Rs.10,000/- on the Petitioner's bank account by Respondent No.3 upon receipt of a notice from the Osmanpura police station. The Petitioner made inquiries with Respondent No.3 as also with the police station, to which there was no reply. Thereafter, on 6th May, 2025, Respondent No.2 marked a freeze on the Petitioner's bank account due to Regulatory/ other reasons. The Petitioner's grievance is that he is unaware as to why his bank account has been frozen. Mr. Kadam submitted that the Petitioner has not committed any offence, nor he is an accused in any FIR. The Petitioner has co-operated and assures full co-operation to the police in any investigation as may be necessary.

4.

By an order dated 10th June, 2025, the learned APP was directed to seek instructions as to the quantum of the disputed amount 2/4

claimed to have been involved, so that the issue of lien could be considered.

5.

During the course of today's hearing, the learned APP Mr. Gavand submitted that one Mr. Patki had filed a complaint with National Cyber Crimes Reporting Portal ( NCCRP) on account of an online fraud. Out of the total amount involved in the online fraud, a disputed amount of Rs. 10,000/- has been deposited into the Petitioner's account. It is for this reason that Respondent No.3 was directed to freeze the Petitioner's account.

6.

We have heard the learned Counsels for the parties. We are not getting into the allegations/correctness of the cyber complaint. Since the disputed amount is only Rs.10,000/-, we direct Respondent No.3:

(i) to de-freeze the Petitioner's savings account with ICICI Bank bearing no. 028101526027 at the Goregaon East Branch; (ii) mark a lien for Rs.25,000/- in the above mentioned account; and (iii) thereafter permit the Petitioner to operate same in normal course. 3/4

Mr. Kadam confirms in Court that the Petitioner has no objection to this arrangement.

7.

The Writ Petition is partly allowed in the above terms. Rule is made partly absolute.

(GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.) 4/4