Madras High Court
M.Nagaraj vs Reserve Bank Of India on 3 March, 2025
W.P.(MD)No.3263 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.03.2025
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
W.P.(MD)No.3263 of 2025
M.Nagaraj ... Petitioner
Vs.
1. Reserve Bank of India
Rep. by its Regional Director
Fort Glacis, No.16, Rajajai Salai
Chennai- 600 001
2. Deputy General Manager cum Principal Nodal Officer
Indian Overseas Bank, Central Office
763, Anna Salai
Chennai- 600 002
3. Chief Manager
Cyber Cell Department
Indian Overseas bank, Central Office
763, Anna Salai
Chennai- 600 002
4. The Manager
Indian Overseas Bank
Ambalpuram Branch
Pudukottai – 622 005
5. Superintendent of Police
Tirupathi District
Prakasam Road, Near Town Club
Tirupathi, Andhra Pradesh- 517501
1/6
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W.P.(MD)No.3263 of 2025
6. The Inspector of Police
Alipiri Police Station
Tirumala Bypass Road, Near Prakasam Park
Srinivasa Nagar, Ramchandra Nagar
Tirupati, Andhra Pradesh- 517 501 ..Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, seeking a Writ of Mandamus directing the fourth respondent to
de-freeze the petitioner's bank account no.230301000014114 in the
fourth respondent branch bearing IFSC IOBA0002303 and release the
funds of the petitioner forthwith.
For Petitioner : Mr.R.R. Ashwin Bala Someshwarar
For Respondents : No appearance for Rrs1 to 3
No.4 : Mr. N.Dilip Kumar
Standing Counsel
No.5 and 6 : Mr. R.M.Anbunithi
Additional Public Prosecutor
ORDER
The prayer sought for in the present writ petition is to direct the
the fourth respondent to de-freeze the petitioner's bank account no.
230301000014114 in the fourth respondent branch bearing IFSC
IOBA0002303 and release the funds of the petitioner forthwith.
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2. The learned counsel appearing for the petitioner would submit
that the petitioner is having a account in Indian Overseas Bank,
Ambalapuram Branch with account No.230301000014114 and he has
given a sum of Rs.30,000/- to his friend Saravanan for interest purpose
and the said Saravanan also paid a sum of Rs.1200/- per week and the
same was credited in the petitioner's account. Whileso in the month of
August 2023 when he attempted to draw money from the bank he came
to know that the account was frozen. Thereafter he was informed by the
bank officials that based on the information given by the Cyber cell,
Alipiri Police Station,Tirupathi District with regard to the Crime No.288
of 2023 his account was frozen. Therefore he made a representation
dated 02.09.2023 to the fourth respondent to defreeze the bank account,
but no response till date. Therefore he approached the sixth respondent
and there is no proper respondent, hence his account has to be defreezed.
3. The learned Government Advocate(Crl.Side) appearing for the
respondents 5 and 6 would submit that based on the request of the
respondents 5 and 6 the bank account of the petitioner was freezed,
therefore the petition is liable to be dismissed.
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4. Heard both sides and perused the materials available on record.
5. According to the petitioner his amount is lying in Indian
Overseas Bank, Ambalapuram Branch with account No.
230301000014114 and his account was frozen at the request of the
respondents 5 and 6 for a sum of Rs.2400/- The petitioner has not stated
about the quantum of amount lying in the petitioner's account and he
stated about the disputed amount of Rs.2400/-. While so it is
appropriate to direct the fourth respondent bank to defreeze the account
of the petitioner with some conditions. At this juncture, the learned
counsel appearing for the petitioner relied on the judgment passed by this
Court in the case of Mohammed Saifullah .vs. Reserve Bank of India,
Rep. by its Governer, Head Office at 16th Floor, Central Office Building,
Shahid Bhagat Singh Road, Mumbai- 400 001, wherein this Court after
referring to the circular issued Commissioner of Police, Greater Chennai
directed the respondents to de-freeze the account and keep a lien over
the disputed amount and the petitioner shall operate his account subject
to the condition that he shall ensure that the account shall always
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minimum balance of disputed amount. In this case the disputed amount
is Rs.2400/-. Therefore the fourth respondent bank is directed to defreeze
account forthwith and keep lien over the disputed amount of Rs.2400/-.
Further the petitioner is also directed to ensure that the account shall
always have a minimum amount of Rs.2400/-
6. With the above direction, the Writ Petition stands disposed of.
No costs.
03.03.2025
NCC : Yes / No
Index : Yes / No
aav
To
1. Superintendent of Police
Tirupathi District, Prakasam Road, Near Town Club
Tirupathi, Andhra Pradesh- 517501
2. The Inspector of Police
Alipiri Police Station
Tirumala Bypass Road, Near Prakasam Park
Srinivasa Nagar, Ramchandra Nagar
Tirupati, Andhra Pradesh- 517 501
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL, J.
aav
03.03.2025
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