HONOURABLE SRI JUSTICE P.SAM KOSHY AND HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA WRIT PETITION NO.8678 OF 2025 ORDER: (per Hon’ble Sri Justice Narsing Rao Nandikonda)

This writ petition is filed seeking to following relief:

i) to direct the Respondent No.6 and Respondent No.7 through Respondent Nos.1 to 5 to de-freeze the HDFC Joint account and to defreeze the credit cards of account holder bearing No.50100200652553, Road No.1, Banjara Hills, Telangana.

ii) to direct the Respondent Nos.6 and 7, through Respondent Nos.1 to 5 to defreeze the HDFC single account bearing No.50100759788367, Road No.1, Banjara Hills, Telangana, to defreeze the salary Account No.20113716530, Mehdipatnam Branch, as unknowingly joint account holder was transferred an amount Rs.4,10,000 from HDFC Bank Joint account bearing No.50100200652553, Road No.1, Banjara Hills to HDFC account bearing No.50100759788367, Road no 1 Banjara Hills and later to SBI account Mehdipatnam with account No 20113716530.

2. Brief facts of the case are that petitioners Nos.1 and 2 are wife and husband and both the petitioners are reputed Medical Doctors. On 30.08.2024, petitioner No.1 received a call from an unknown person stating that his Aadhaar card is linked with some money laundering case and due to which the petitioner had to face consequence of digital arrest. He was asked to deposit an amount of Rs.5,06,000/- to the Government Digital account Bearing No.20100030371515, Bandhan Bank, Uttar Pradesh. The petitioner No.1 believing the words of the unknown person transferred an Amount of Rs.5,06,000/- from his joint account i.e. HDFC bearing Account No.50100200652553, Banjara Hills Branch, Hyderabad to the said Bandhan Bank Account.

3. It is contended that thereafter petitioner No.1 realized that he was deceived and cheated by unknown person on the pretext of digital arrest. He immediately on 30.08.2024, contacted quick help through Nodal Officer, Bandhan bank, Hyderabad and also lodged a complaint with Cyber Crime Gachibowli, Cyber Commissionerate, Ranga Reddy District. The Cyber Crime Gachibowli instructed the Bandhan Bank on the same day i.e., 30.08.2024 to lean of Rs.5,00,907/-. Subsequently, the Cyber Crime had filed a report issued by the National Cyber Reporting Platform and lodged F.I.R No.5748/2024 on 31.08.2024.

4. It is contended that petitioner No.1 preferred petition before the learned IX Addl.Judicial Magistrate of First Class, Kukatpally, Ranga Reddy District and the learned Magistrate has passed the order, dated 06.09.2024 in favour of petitioner No.1, directing the Bandhan bank to refund the lien amount of Rs.5,00,907/- to the petitioner’s joint account i.e., Bearing No.50100200652553. As per the order of learned Magistrate, the Bandhan Bank had released an amount of Rs.5,00,877/- in the petitioner’s joint account.

5. As matter stood, petitioner No.2 who is joint account holder in HDFC Joint Account Bearing No.50100200652553, Banjara Hills Branch, had transferred a total amount of Rs.4,10,000/- to her single account bearing account No.50100759788367 on the same day when the refund was received in the joint account (HDFC) i.e., on 24.10.2024, Meanwhile, Chennai Cyber Crime Police Station put a lien on joint HDFC accounts bearing number 50100200652553 and also on and petitioner No.2 single HDFC account bearing number 50100759788367. Thereafter, petitioner No.2 transferred 2,60,100/- to her salary account i.e., SBI account bearing 20113716530, Mehdipatnam Branch, Hyderabad. Immediately, the petitioners received an SMS with the caption “Dear customer hold has been placed on your account bearing number XXXX716530 for Rs.2,50,100/- for the reason hold – Cyber cell – SBI.” Subsequent another SMS received with the caption that “Dear customer hold has been placed on your account XXXXXX716530 for Rs.90,000 for the reason hold – cyber cell – SBI.” Thereafter petitioner made an enquiry and came to know that an amount of Rs.4,96,000 of the petitioners HDFC joint account beari