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NEUTRAL CITATION NO. 2026:MPHC-IND:3779

1 WP-3757-2026

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE PRANAY VERMA

th

ON THE 5 OF FEBRUARY, 2026

WRIT PETITION No. 3757 of 2026

UMESH MALGAYA

Versus

IDBI BANK AND OTHERS

Appearance:

Shri Rupesh Mandloi - Advocate for the petitioner.

ORDER

This writ petition has been preferred by the petitioner under Article

226 of the Constitution of India praying for the following reliefs:

"a) Issue a writ, order ordirection in the nature of Mandamus or any

other appropriate writ, commanding ‘the respondents to immediately

defreeze/unfreeze Account No. 1856104000000578 of the petitioner

held with IDBI Bank, Sanawad Branch;

b) That, the cost of this petition may kindly be awarded to the

petitioner and any other relief as this Hon’ble Court deem fit in the

light of equity, justice and good conscience may also be granted in

favour of the petitioner.

c) Pass any other or further orders, as this Hon'ble Court may deem

fit and proper in the circumstances of the present case."

2. Learned counsel for the petitioner has submitted that the case of the

petitioner is squarely covered by the decision rendered by this Court in the

case of Malcolm Murayis & Ors. Vs. State Bank of India and Others

Malcolm Murayis & Ors. Vs. State Bank of India and Others passed in W.P.

No.1100 of 2024 dated 26.04.2024.

3. So far as the decision rendered in the case of Malcolm Murayis

(supra) is concerned, the same reads as under:-

"1] This order shall also govern the disposal of W.P. Nos.1100/2024 and 1185/2024

Signature Not Verified

Signed by: JYOTI

CHOURASIA

Signing time: 05-Feb-26

5:17:38 PM

NEUTRAL CITATION NO. 2026:MPHC-IND:3779

2 WP-3757-2026

as in both the petitions identical reliefs have been sought by the parties.

2] These petitions have been filed by the petitioners under Article 226 of the

Constitution of India seeking the following reliefs:-

“a) This petition may kindly be allowed with cost.

b) To direct the Respondent No. 2 thereby directing Respondents to remove

the hold/freeze on the Bank account of petitioners.

c) Issue such other orders, writ, and direction as this Hon’ble court deems fit

in the interest of justice in favour of petitioner.”

3] The grievance of the petitioners is that they are engaged in trading of crypto and

virtual currency, and having their bank accounts with State Bank of India and ICICI

Bank, which have been freezed all of a sudden, only on the intimation sent by the

cyber cells of the various police stations, viz., respondent Nos.3 to 9, to freeze the

aforesaid account on the allegation that the accounts are involved in some cyber

fraud. The amounts of which have also been disclosed, as to how much of the

amount is credited in the account of the petitioners, which are linked to cyber

crime/fraud.

4] Counsel for the petitioners has submitted that the petitioners have never received

any notice from any police station regarding their involvement in any such offence,

and even otherwise, they are lawfully carrying out their business of trading, and it

appears that some person who was involved in fraud has transacted through the

petitioners. Thus, it is submitted that the petitioners may be allowed to operate their

bank account, and so far as the amount which is said to be credited on account of the

cyber fraud, it is submitted that it may be kept in separate fixed deposits so that the

same can be withdrawn as and when the clean chit is given to the petitioner. Counsel

has also submitted that none of the investigating agencies have complied with

Section 102 of Cr.P.C. and have not informed the concerned Magistrate about such

seizure. Thus, it is submitted that the petition be allowed.

5] Counsel for the respondents Banks have submitted that the Banks have not

freezed the account of the petitioners on their own but only at the instructions of

various cyber cell police stations, and are bound by the instructions issued by such

investigating authorities. Thus, it is submitted that the appropriate orders may be

passed.

6] He