THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.23063 OF 2024 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking to declare the action of respondent No.3 - the Inspector of Police, Cyber Crimes Department, in freezing the petitioner’s Bank Account No.10167470109, IFS Code: IDFB0022126 at respondent No.4 branch without complying with the procedure under Section 102(3) of the Code of Criminal Procedure, as being illegal, arbitrary and unconstitutional.

2. Heard Ms. Rajasri Manche, learned counsel for the petitioner; and Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home, and perused the material on record. 3. Learned Assistant Government Pleader for Home, having received written instructions, submitted that on 08.01.2024 one Mr. Osman Ahmed (complainant) lodged an online cyber complaint through Cyber Crime Online Number 1930, wherein, he stated that, he received a message in Whatsapp regarding part time job which contained a link. The complainant was asked to register his name and was assigned with some tasks and upon completion of those tasks he would receive money. Later, he was asked to do payment to get more tasks, for which he agreed and paid huge amount, but he did not get any tasks. Finally, he realized that he was cheated. On his complaint, the National Cybercrime Reporting Portal (NCRP) registered an online complaint and immediately the bank accounts of the suspects were freezed.

4. It is submitted that the money transferred by the complainant through his HDFC Bank account to the suspect bank accounts included petitioner’s bank account and all the suspected bank accounts were put on freeze and hold by the NRCP.

5. It is submitted that on 15.08.2024, the complainant approached the Charminar Police Station regarding this issue, where, he was directed to Hussaini Alam Police Station and FIR No.164 of 2024 was registered for the offences punishable under Sections 419 and 420 of IPC and Section 66(c) and 66(d) of the Information Technology Act, 2000 with Hussaini Alam Police Station and investigation is under progress.

6. As it is stated by learned Assistant Government Pleader for Home that money transferred from the complainant’s Bank account has been remitted to the bank account of the petitioner, this Court is not inclined to entertain this writ petition.

7. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to approach the concerned Magistrate Court for de-freezing of the bank accounts by filing an application under Section 451 read with Section 457 of the Code of Criminal Procedure (Cr.P.C.). On such application being filed, the concerned Magistrate shall pass orders within a period of three (3)

weeks thereafter. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.

______________________ B. VIJAYSEN REDDY, J August 29, 2024 Note: Furnish CC by 30.08.2024.

(BO) MS