Disposed

Anwar Gafoor Shaikh v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Secrt. Govt. Lko. and Others

Allahabad HC23 Feb 2024CRLP/1054/2024

Case brief

AI extract

What is this about?

Petitioner, a Maharashtra-based computer dealer whose HDFC bank account was frozen over an online UPI fraud complaint despite only Rs.7,000 being in dispute, sought quashing of the complaint. The court issued notice to the complainant and allowed operation of the account subject to retention of Rs.7,000 pending investigation status.

What the court decided

AI extract

Anwar Gafoor Shaikh vs State of U.P. Thru. Addl… — Banking and Recovery | Allahabad HC (2024)

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Court No. - 2

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Case :- CRIMINAL MISC. WRIT PETITION No. - 1054 of 2024

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Petitioner :- Anwar Gafoor Shaikh

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Secrt. Govt. Lko. And Others Counsel for Petitioner :- Neetu Shukla,Shiv Kumar Soni Counsel for Respondent :- G.A.

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Hon'ble Jaspreet Singh,J. Hon'ble Ram Manohar Narayan Mishra,J.

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Heard learned counsel for the petitioner and the learned AGA for the State-respondents.

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By means of the instant petition, the petitioner seeks quashing of Online Complaint No.23109230081594 dated 21.09.2023 relating to UPI Related Financial Frauds lodged by the respondent No.3 with the Police Station Sidhauli, District Sitapur.

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The submission of the learned counsel for the petitioner is that the petitioner has a shop in the name and style of Asia Links Computers in Pune from where he deals in sales and service of electronic Computers and other electronic appliances.

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It is further submitted that in his ordinary course of business, the petitioner had done some work for which he had raised an invoice, a copy of which has been brought on record as Annexure No. 5. It is stated that in pursuance of the said invoice, the petitioner received a sum of Rs. 7,000/- in his account. It is further urged that in pursuance of the inquiry, the HDFC bank account bearing No. No.06331930005662 has been frozen.

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It is urged that the petitioner is a resident of State of Maharastra from where he was working and he has no role to play in the alleged online financial fraud, which has taken place.

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It is further stated that the the account of the petitioner has been frozen, the entire business transaction of the petitioner has come to a standstill. The said account was being utilized by the petitioner for making payment of his house loan. The account of the petitioner has an amount in excess of Rs.13.00 lakh, whereas the amount in dispute is only Rs.7,000/-.

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Considering the aforesaid and the material on record as well as no clear material has been brought on record against the petitioner and investigation is still pending, hence, in light of Para-11 of the counter affidavit filed by the State, prima-facie, a case for intervention is made out.

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Let the notice be issued to the respondent no. 3 within a week and steps in this regard shall be taken within a week.

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Subject to retention and freezing a sum of Rs.7,000/-, the petitioner shall be permitted to utilize and operate his HDFC Bank Account No.06331930005662.

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Learned AGA shall bring on record the latest status of the investigation by the next date.

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List in third week of July, 2024.

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Order Date :- 3.6.2024 Rakesh/-

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(Ram Manohar Narayan Mishra, J.) (Jaspreet Singh, J.)

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Anwar Gafoor Shaikh v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Secrt. Govt. Lko. and Others

Case brief

What is this about?

What the court decided

Anwar Gafoor Shaikh v. State of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Secrt. Govt. Lko. and Others

Case brief

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