The court clarified procedural obligations under Section 102 of the Cr.P.C. regarding timely notification to magistrates, influencing the outcome of bank account freeze cases.

O R D E R

The petitioner is an account holder in H.D.F.C Bank, Tirchy Road Branch, Coimbatore (first respondent) and his Savings Bank Account No.50100545293834 is in operation since 2022. While so, on 04/08/2023 he deposited Rs.1,60,000/- in his account and when tried to transfer the amount to some of his friends accounts, he could not able to transfer the money. On enquiry with his Bank, he was informed that the account has been blocked pursuant to the intimation of the Inspector of Police, Gaurbitanur Town Police Station, Karnataka (3^rd respondent). Immediately, he contacted the 3^rd respondent and enquired about the reason for blocking his account. The third respondent, after enquiry being satisfied that the petitioner is a Law student in Tamil Nadu and has nothing to do with the case under investigation at Karnataka promised to defreeze the account immediately. However, even after lapse of more than a year, the account is not defreezed.

2. Contending that without notice account been freezed. Even after enquiry, the 3^rd respondent had not intimated the first respondent to defreeze the account. The 3^rd respondent failed to give details to the Bank or to the account holder (the petitioner) the purpose for which the account to be freezed. The 3^rd respondent had not even intimated the Judicial Magistrate, which he is supposed to under section 102(3) of Cr.P.C about the seizure of the account. Hence, he gave a representation on 13/04/2024 to the second and third respondent for defreezing the account. Both the respondents, in spite of the demand to defreeze the account, had not acted on the representation. Hence, the present petition has been filed to issue Writ of Mandamus to the respondents for defreezing the account.

3. After notice, Mr.C.Mohan, Learned Counsel for the M/s.King &

Partidge appeared on behalf of 1^st respondent/the Bank Manager, HDFC. None appeared on behalf of the 2^nd and 3^rd respondents i.e., Superintendent of Police, Chikkaballapur and the Inspector of Police, Gauribitanur Town Police Station.

4. The Learned Counsel appearing for the 1^st respondent/H.D.F.C.

Bank submitted that the account of the petitioner bearing No.50100545293834 was blocked on the basis of the directive received from the Wribidanur Police Station vide notice dated 09.08.2023. The intimation received from the 3^rd respondent police revealed that one N.Arthish son of Nagaraj, Gauribitanur District has given a online financial fraud complaint alleging that he lost Rs.25,382/- through investment purpose fraud and requested to block the account which prompted them to freeze the account. On receipt of the e-mail from the account holder, the reason for freezing the account was intimated to him through e-mail on 04.09.2023. As a banker been Governed by the R.B.I Regulations, the request from competent authority to freeze the account been complied. On specific direction/order from the Court of Law or Competent Authority, they are ready to defreeze the account of their customers. 5. Referring the communication received from the 3^rd respondent, the Learned Counsel appearing for the 1^st respondent/H.D.F.C Bank submitted that though the compliant appears to be for loss of Rs.25,382/-, the 3^rd respondent/H.D.F.C has not restricted the limit to freeze and therefore, they sought for clarification from the 3^rd respondent but so far, they have not received any reply from them.

6. Mr.C.Mohan, Learned Counsel appearing for the 1^st respondent/H.D.F.C Bank submitted that though there is no clear guidelines, the Bank is bound to implement the request from Investigating Agency, at times, it causes inconvenience to the Bank as well as to their customers. Particularly, having collected deposit from the customers, Bank are directly responsible to the customers. When Investigating Officers through National Cyber Crime Portal advice the Bank to freeze the account, they immediately freeze the account and intimate to their customers. Accounts of persons who are not connected to