IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision:- 23.02.2026 ARJAN SINGH ... Petitioner Versus STATE OF PUNJAB AND OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Yashjot Singh Dhaliwal, Advocate for the petitioner.

Mr. Gaurav Goel, Advocate and Mr. Ajay Singh Rana, Advocate for respondent No.4-SBI.

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SUVIR SEHGAL, J. ( ORAL )

1. This petition has been filed, inter alia, for issuance of a writ in the nature of mandamus directing respondents to defreeze petitioner’s bank account maintained with State Bank of India, Branch Phase- 3B2, SAS Nagar (Mohali).

2. Counsel for the petitioner states that petitioner is 81 years old ex- serviceman of Indian Air Force. He is a pensioner and maintains a bank account No.65237551263 with respondent No.4- bank. He states that in year 2024, petitioner was informed that pension account had been frozen on the basis of a communication received from Cyber cell because of a suspicious transaction of Rs.8,00,000/-, which was credited to petitioner’s account by Kulwant Kaur to whom petitioner had extended a loan. Counsel has made a categoric assertion that there is no allegation of fraud against the petitioner, nor has the petitioner been arraigned as an accused in criminal proceeding pertaining to any deceit allegedly committed by Kulwant Kaur with her estranged spouse.

3. Upon instructions from Rekha Rani, Branch Manager, counsel for respondent No.4- bank states that the bank has taken action in compliance with a communication received from Cyber Cell, SAS Nagar, Mohali. Counsel confirms that the total disputed amount is Rs.8,00,000/-.

4. I have heard counsel for the parties and considered their respective submissions.

5. An investigating agency can freeze a bank account only upon obtaining an order from the jurisdictional Magistrate in terms of Section 107 of BNSS, 2023, as has been held in Mr. Kartik Yogeshwar Chatur and others Versus Union of India and others, Law Finder Doc Id #2812474. No such order could be brought to the notice of this Court by counsel for bank.

6. Keeping in view the observations made by a co-ordinate Bench of this Court in CWP-3464-2024 titled as Jaspreet Singh Versus Union of India and others, decided on 05.07.2024, writ petition is disposed of with a direction to respondent No.4- bank to defreeze the bank account No. 65237551263. Bank will, however, keep a lien of the disputed amount, i.e. Rs.8,00,000/-, and petitioner would be at liberty to utilize the remaining balance amount lying in its account, without prejudice to any other attachment order or any order freezing the account. (SUVIR SEHGAL)

JUDGE

23.02.2026 parul verma