THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.29652 of 2024

ORDER

Heard Ms. P. Sree Ramya, learned counsel for the petitioner and learned Government Pleader for Home appearing for the respondents. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:-

“Declaring the inaction of respondent Nos.2 and 3 in pursuant to the representations of the petitioner dated 23.07.2024 and 18.02.2024 as illegal, void and against the principles of natural justice and against Articles 14 and 21 of the Constitution of India and consequently direct the respondent Nos.2 and 3 to take action pursuant to the representations dated 23.07.2024 and 18.02.2024 to defreeze the bank accounts (SBI Bank-34680908457)

(Kotak Mahindra Bank-054744669).”

3. The facts of the case in brief as stated are that petitioner is Major in Indian Army and holds bank account at S.BI. (Defence Salary Account), Paytm Bank Account and Kotak Mahindra Bank Account which were put on hold/freezed based on a complaint registered with the NCRP, acknowledgment number 33706230019861 in F.I.R.No.1042 of 2023 on the file of Cyber Crimes Police Station, Gachibowli, Cyberabad where the petitioner is not an accused.

4. Learned counsel for the petitioner submits that petitioner has some transaction with the accused account and has made a representation to respondent No.2 on 23.07.2024 requesting to defreeze his account as one of the frozen accounts is his salary account causing severe inconvenience. Learned counsel for the petitioner placed on record the e-mail addressed by the petitioner on 22.06.2023 to the AGM, Customer LHO, Hyderabad, SBI stating that his SBI Bank Account No.34680908457 held at Branch Section 31 Gurgaon is being kept on hold basing on the directions of SBI Head Office at Hyderabad after receiving direction from Cyber Crime Cell, Hyderabad, and requested to release his account as it is defence salary account and all his financial transactions takes place through the said account. Thereafter, AGMSRVL, LHO, Hyderabad in his reply dated 23.06.2023 stated that they have received a cyber complaint through MHA Citizen Financial Cyber Frauds Reporting and Management System (CFCFRMS) NCRP Portal with acknowledgement number 33706230019861 and accordingly have marked hold to account number 34680908457 and enclosed a cyber complaint copy for reference and details of the case have been given in the complaint/F.I.R and also advised the petitioner to contact Telangana Police for more details regarding the cyber complaint for removal of hold. Learned counsel for the petitioner further submits that in spite of representations made by the petitioner, no action has been initiated by the respondents. Though, petitioner raised various grounds but confined his submissions to the extent of disposing the representations dated 18.02.2024 and 23.07.2024 addressed to the Inspector of Police/respondent No.3. Since, no action was initiated, aggrieved by the same, the present writ petition is filed. 5. Learned Government Pleader for Home on instructions of Sub-Inspector of Police, Cyber Crime submits that one Vaddempudi Srikanth has lodged a complaint dated 12.06.2024 with the Station House Officer, Cyber Crimes Police Station, Cyberabad Commissionerate regarding online fraud through domain https://vodafonegroup-in.pages.dev/. Pursuant to the said complaint, a case was registered in F.I.R.No.1042 of 2023 dated 12.06.2023 for the offences under Section 420 of IPC and Section 66 of D-ITA, 2000-2008 and investigation has been taken up. It is further submitted that prior to the registration of the above case, the complainant has approached the NCRP (National Crime Record Portal) and lodged online cyber complaint. Pursuant to the said online complaint, the NCRP authorities have marked lien on the petitioner’s bank account bearing No.34680908457 of SBI Bank, basing on the fraudulent