Freezing an entire bank account is unjustified when the alleged fraudulent amount is quantified; only the disputed amount should be placed under lien, allowing the account holder to operate the remaining balance.

Prayer:

This petition is filed for issuance of Writ of Mandamus, directing the respondents to consider the representation of the petitioner, dated 05.12.2025 made to the respondents to defreeze the Bank account and to release the lien made in excess of Rs.6,000/-, which is the disputed amount in the bank accounts maintained by the petitioner with the respondents 1 and 2, which was frozen at the instance of the respondents 3 to 5 in the interest of justice.

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to defreeze the petitioner's bank account bearing Account Nos.916020053430874 and 919020052123833.

2. The facts leading to the filing of the petition are as follows:

(a) The petitioner is holding a account bearing A/c No.916020053430874 at the second respondent Bank and A/c No.919020052123833 at the first respondent Bank.

(b) The petitioner came to know that his accounts had been frozen.

3.The learned Counsel appearing for the petitioner would submit that the petitioner is not an accused in any criminal case; the act of the respondents 1 and 2 freezing the both accounts is illegal and violates the fundamental rights of the petitioner.

4. The learned Counsel appearing for the respondents 3 to 5 would submit that the account of the petitioner was frozen on the basis of the communication from the National Cyber Crime Reporting Portal.

5. On perusal of the records, it is clear that there is nothing on record to show that the National Cyber Crime Reporting Portal had requested the respondents 1 and 2 to freeze the entire accounts. The fact is that accounts have been frozen and the petitioner is unable to operate the accounts.

6. It is seen that in similar circumstances, this Court had observed that when the alleged fraudulent amount is quantified, the freezing of the whole account would not be justified. Similar view was taken by the learned Single Judge of this Court in W.P.(MD).No.15684 of 2024 dated 15.07.2024, wherein, it was held that:

“3. The respondent is permitted to retain the aforesaid sum by marking lien on the petitioner's account. Subject to such marking of lien, the petitioner is permitted to operate their bank account. The freezing effected on the petitioner's bank account is lifted to the aforesaid extent. T\his writ petition stands allowed . No costs. Consequently, connected miscellaneous petitions are closed.”

7. Accordingly, this writ petition is disposed of on the following directions:

(a). The respondents 1 and 2 / Banks shall release the amount other than the lien already marked i.e. Rs.6,000/- in both accounts and permit the petitioner to operate the accounts forthwith.

(b). The petitioner is at liberty to move to the concerned Jurisdictional Magistrate for recall of the lien marked over the quantified amount, if he is so advised.

8. With the above observations and directions, this Writ Petition is disposed of. No costs.