Madras High Court
M.Mohammed Idrishkhan vs Union Of India on 8 January, 2025
Author: P.Velmurugan
Bench: P.Velmurugan
W.P.No.28836 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 08.01.2025
Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
W.P.No.28836 of 2024
--
M.Mohammed Idrishkhan
S/o Mohammed Ali,
Proprietor of M/s.ELCO Enterprises
No.199, Hammeeda Building,
Angappan Street, Chennai-600001.
.. Petitioner
Vs.
1. Union of India,
Represented by its Secretary,
Ministry of Home Affairs,
New Delhi-110 001.
2. Reserve Bank of India,
Represented by its Governor,
Head Office, Mumbai, Maharashtra-400029.
3. National Cyber Crime Reporting Portal,
Represented by its Director,
National Highway - 8,
Mahipalpur, New Delhi, pin-110037
4. Station House Officer,
Cyber Crime Police Station,
Ganga Nagar, Rajasthan.
Page No.1/7
https://www.mhc.tn.gov.in/judis
W.P.No.28836 of 2024
5. The South Indian Bank,
Represented by Chief Manager,
No.64, Catholic Centre,
Armanian Street, Chennai-600001.
.. Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus to direct the fifth respondent to remove the
marked the lien amount of Rs.9,60,259/- credited in petitioner current account in
A/c.No.0042073000005384 maintained in the fifth respondent/Bank.
For petitioner : M/s.K.J.Shiva Arudhra
For respondents: Mr.M.Sathyan, ACGSC for RR-1 to 3
No appearance for R-4
Mr.Ambili Menon.P. for R-5
ORDER
The petitioner has filed the present Writ Petition praying for issuance of a
Writ of Mandamus to direct the fifth respondent to remove the marked the lien
amount of Rs.9,60,259/- credited in petitioner current account in
A/c.No.0042073000005384 maintained in the fifth respondent/Bank.
2. The fifth respondent/South Indian Bank (represented by Chief Manager,
No.64, Catholic Centre, Armenian Street, Chennai-600 001) has filed counter
https://www.mhc.tn.gov.in/judis
affidavit, dated 04.01.2025, stating as follows:
"1. I state and submit that I am the
Authorised Signatory of the bank and I am competent
to swear this counter affidavit and I am well aware of
the facts and circumstances of this case. First and
foremost, I deny all the contentions raised by the writ
petitioner in the writ petition except that those are
specifically admitted by the bank.
2. I state and submit that the writ petitioner
had filed an earlier writ petition being W.P.No.14813
of 2024 seeking for a direction to defreeze the
Current Account being A/c. No.0042073000005384
maintained in the name of M/s.ELCO Enterprise, a
retail business run by the petitioner herein. The said
writ petition was disposed with the direction to the
5th Respondent(us) to send communication to the
petitioner stating the reason for freezing the
petitioner's current account within a period of two
weeks from the date of receipt of copy of the order.
3. I state and submit that accordingly, a
communication vide letter dated 18.09.2024 was sent
explaining the entire background of the matter. The
said letter is part of the type set of paper filed by the
petitioner in the writ petition as well.
4. I state and submits that the current
account in the name of M/s.ELCO enterprises having
the account number 00427073000005384 was
opened by the petitioner on 01.12.2022. On
08.04.2023 we received a cyber fraud related
complaint having reference no.22701230000779
against this account through the National Crime
Reporting Portal register with the Rajasthan Jodhpur
City Court. Based on the said complaint, the bank
marked a lien of a sum of Rs.6,80,254/- on this
account. After on further enquiry, we have came to
understand that there are multiple Lien marked on
this business account.
The details are hereunder:
https://www.mhc.tn.gov.in/judis
Sl. Lien Amount Lien Marked Date Reason
No.
1 Rs.680254 11.04.2023 Based on Cyber Crime
Complaint
No.22701230000779 from
Rajasthan Police received
on 09.01.2023
2 Rs.50005 11.04.2023 As per CEG mail dated
11.04.2023
3 Rs.230000 10.05.2024 Based on Cyber Crime
Complaint
No.21912220100348 from
Maharashtra Police
received on 10.05.2024
5. I further state and submit that whenever
the petitioner visited the branch regarding these
grievances, these complaints were shown to him and
we further humbly submit that we have not freezed
the current account of the petitioner at the same time
we have only marked the lien on that account.
6. We further states that we being a financial
institution have only adhered to the law enforcement
agencies. The earlier writ petition being
W.P.No.14813 of 2024 was premature, we also here
by attach copies of the complaint received from
Jodhpur city police along with this counter affidavit.
7. We further state that the bench Judgment of
the Kerala high court reported (annexed in the
typeset as document no.9) in W.P.No.12960 of 2023
clearly distinguished between freezing the account
and marking the lien on account on such cyber
complaint. In para 12(a) of the order, it is clearly
observed that court has confined the order of freeze
against the account of the respective petitioner only
to the extent of the amount mentioned in the
order/Requisition issued to them by the police
https://www.mhc.tn.gov.in/judis
authorities.
8. Therefore, we humbly submit that we have
not freezed the account but only we marked as lien
on the amount which is a subject of the cyber-crime
complaint number 22701230000779 from the
Rajasthan Police.
In the above circumstances, we are ready to adhere
to any order passed by the Hon'ble Court in the above
circumstances the Hon'ble Court may be pleased
dismiss the writ in the Interest of Justice."
3. Learned counsel for the fifth respondent/South Indian Bank submitted
that, based on the complaint received from the fourth respondent (Station House
Officer, Cyber Crime Police Station, Ganga Nagar, Rajasthan), they have
exercised the lien over the Bank account of the petitioner and they have not
freezed any account of the petitioner.
4. Except the fifth respondent, the other respondents are in the other
States, i.e., Mumbai (Maharashtra), Mahipalpur (New Delhi) and Station House
Officer, Cyber Crime Police Station, Ganga Nagar (Rajasthan) and they have not
filed counter affidavit. Therefore, in the above circumstances, this Court could
not give any direction to the other respondents, regarding the complaint and
allegations.
https://www.mhc.tn.gov.in/judis
5. Hence, the petitioner is at liberty to work out his remedy in the manner
known to law before the competent Court.
6. With the above observations, this Writ Petition is disposed of. There
shall be no order as to costs.
08.01.2025
cs
To
1. Union of India,
Represented by its Secretary,
Ministry of Home Affairs,
New Delhi-110 001.
2. Reserve Bank of India,
Represented by its Governor,
Head Office, Mumbai,
Maharashtra-400029.
3. National Cyber Crime Reporting Portal,
Represented by its Director,
National Highway - 8,
Mahipalpur, New Delhi, pin-110037
4. Station House Officer,
Cyber Crime Police Station,
Ganga Nagar,
Rajasthan.
5. The South Indian Bank,
Represented by Chief Manager,
No.64, Catholic Centre,
https://www.mhc.tn.gov.in/judis
Armanian Street, Chennai-600001.
P.VELMURUGAN, J
cs
08.01.2025
https://www.mhc.tn.gov.in/judis
