An indefinite lien on a bank account is unsustainable when local authorities have confirmed the funds were lawfully recovered and a magistrate has previously ordered the release of those funds to the petitioner following a fraud investigation.

Prayer:

Writ Petition(Crl.) filed under Article 226 of Constitution of India praying to issue a WRIT OF MANDAMUS directing the directing the respondents, in particular 4th respondent to forthwith un-lien the wrongful lien/freeze imposed on the petitioner’s ICICI Bank Account No.4101569677, HDFC Bank Account No.03131050035855, and Bank of Baroda Account No.57730100017463 based on the petitioner’s representation dated 20-04-2026.

ORDER

1. This writ petition has been filed for direction to the 4th respondent to forthwith un-lien the wrongful lien/freeze imposed on the petitioner’s ICICI Bank Account No.4101569677, HDFC Bank Account No.03131050035855, and Bank of Baroda Account No.57730100017463 based on the petitioner’s representation dated 20-04-2026.

2. The petitioner is holding bank accounts i.e. ICICI Bank Account No.4101569677, HDFC Bank Account No.03131050035855, and Bank of Baroda Account No.57730100017463. Originally on the complaint received from the petitioner, the third respondent issued CSR and conducted enquiry. During the enquiry, amount of Rs.1,05,025/- was directed to be deposited in the petitioner’s account.

3. On perusal of records, it is revealed that the petitioner lodged complaint alleging that he lost a sum of Rs.50,80,000/- though online trading fraud. On the said complaint, a sum of Rs.13,73,828/- was marked as lien in various bank accounts in Cyber Crime Wing, Tambaram. Therefore, the petitioner filed petition for return of the said amount to his bank account in CMP.No.5055 of 2025 on the file of the Judicial Magistrate-I, Alandur, Chennai and the court ordered on 01.12.2025 that the available balance shall be transferred to the petitioner’ account. Accordingly, a sum of Rs.1,05,025/- was credited to the petitioner’s bank account with the ICICI Bank. On receipt of the said amount, he in turn transferred the same to his various bank accounts. While being so, the fourth respondent made lien over the petitioner’s ICICI bank account for a sum of Rs.1,00,000/- on 23.12.2025. Though the third respondent sent communication to the fourth respondent to release the lien marked over the petitioner’s bank accounts, it is pending for consideration.

4. In view of the above, the lien marked by the fourth respondent in the petitioner’s bank accounts i.e. ICICI Bank Account No.4101569677, HDFC Bank Account No.03131050035855, and Bank of Baroda Account No.57730100017463, are set aside and the petitioner is at liberty to operate those bank accounts.

5. With the above direction, this writ petition is disposed of. There shall be no order as to costs.

09.06.2026

Index : Yes/No

Neutral citation : Yes/No

Speaking/non-speaking order

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