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

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. WRIT PETITION No. - 1054 of 2024

Anwar Gafoor Shaikh

.....Petitioner(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Civil Secrt. Govt. Lko. And Others

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. . .	.....Respondent(s)
Counsel for Petitioner(s)	: Neetu Shukla, Shiv Kumar Soni
Counsel for Respondent(s)	: G.A.

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Court No. - 10

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HON'BLE RAJNISH KUMAR, J. HON'BLE ZAFEER AHMAD, J.

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1.Heard Ms. Neetu Shukla, learned counsel for the petitioner and learned A.G.A for the State.

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2.This Court had passed the following order on 03.06.2024:-

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

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2. 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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3. 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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4. 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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5. 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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6. 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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7. Considering the aforesaid and the material on record as well as no clear material has been brought on record against the petitioner and

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CRLP No. 1054 of 2024

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2

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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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8. 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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9. 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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10. Learned AGA shall bring on record the latest status of the investigation by the next date.

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11. List in third week of July, 2024."

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Ms. Neetu Shukla, learned counsel for the petitioner submits on account of the F.I.R lodged on 23.09.2023 vide Case Crime No. 325 of 2023 under Section 420 I.P.C and 67 I.T Act, Police Station Sidhauli, District Sitapur, account of the petitioner was freezed.

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This Court, by means of the order dated 03.06.2024, had directed that subject to retention and freeing a sum of Rs 7000/- the petitioner shall be permitted to utilize and operate the HDFC Bank Account No.06331930005662.

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Learned A.G.A. on the basis of instructions dated 11.10.2025 received from Sri Mohan Singh Yadav, Sub Inspector, Police Station Sidhauli, District Sitapur submits that the final report has been submitted in the matter after conclusion of the investigation, therefore, this petition has rendered infructuous. However, learned counsel for the petitioner submits that a sum of Rs.7000/- has been directed to be freezed by this Court vide order dated 03.06.2024 which may be released. To which, there is no objection by the other side.

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Since the final report in the matter has been filed on account of which the bank account of the petitioner bearing no.06331930005662 has been freezed, the appropriate action in accordance with law shall be taken by the HDFC Bank for releasing the said amount provided that there is no legal impediment.

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With the aforesaid, the writ petition is disposed of .

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October 31, 2025 Shahnaz

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(Zafeer Ahmad,J.) (Rajnish Kumar,J.)

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Digitally signed by :- SHAHNAZ BANO 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

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

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