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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
SHEKHAR B.SARAF, MANJIVE SHUKLA
Khalsa Medical Store Thru. Prop. Yashwant Singh – Appellant
Versus
Reserve Bank Of India Thru. Governor – Respondent
JUDGMENT :
Shekhar B. Saraf, J.
1. Heard Shri Jalaj Kumar Gupta, learned counsel for the petitioner and Shri Amit Jaiswal Ojus, learned counsel appearing for the Axis Bank.
2. In spite of several notices given to the Investigating Officer, Police Station Cyber Crime, Rachakonda, Hyderabad, Telangana, none has appeared on behalf of the same.
3. The office report indicates that service of the previous orders has been done upon the Respondent No. 4.
4. Learned counsel appearing on behalf of the Axis Bank has fairly submitted that till date, they have neither received any seizure order from the Respondent No. 4, nor received any indication as to the amount that is required to be put in lien with regard to the petitioner's bank account. Shri Amit Jaiswal refers to the notice under Section 94/106 of the B.N.S.S., 2023 received by the Bank on November 21, 2025, that has sought for debit freeze of the account of the petitioner. No further documents have been received by the bank in spite of several letters written by the bank to the Investigating Officer concerned. He has further relied upon the judgment of the Rajasthan High Court that has specifically dealt with this issue in great detail in
The court established that freezing a bank account in a cyber crime investigation must specify the amount involved and comply with procedural requirements; otherwise, such an action is illegal.
Police can freeze bank accounts under Section 106 BNSS without prior notice, but only the amounts suspected of being linked to crimes, not entire balances; account holders must be informed post-seizu....
The court established that a bank account can be frozen under suspicion of criminal activity, and failure to report the freeze to the Magistrate does not invalidate the action.
Freezing an entire bank account without evidence linking the account holder to a crime violates the right to livelihood; only specific amounts should be frozen with proper justification.
The main legal point established in the judgment is the requirement to follow the procedure laid down under Sec. 102 Cr.P.C and the need for sufficient evidence to support the freezing of a bank acco....
Seizure of assets under S.102 CrPC requires compliance with statutory provisions and cannot be based solely on suspicion.
it is a case where there were serious allegations of loan fraud by Chinese Companies involving Crores of rupees by cheating innocent people and their harassment. There were suicidal deaths due to the....
The court ruled that bank account freezes must be justified by police requisitions, ensuring compliance with statutory and constitutional safeguards.
The freezing of a business account requires identification of the tainted amount to ensure proportionality, and blanket freezes violate constitutional protections against arbitrary state action.
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