Disposed

Smt. Kiran Gurudayal Ramachandani v. the State of Karnataka

Karnataka HC14 Jun 2024WP/12622/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus for defreezing her Union Bank savings account frozen amid a cyber-fraud investigation. Respondent police stated the freeze was effected by the Cyber Cell, MHA directly with the bank and that no notice under Section 91 Cr.P.C. had yet issued. Court held nothing survived and disposed of the petition, reserving liberty to pursue available remedies.

What the court decided

AI extract

Smt. Kiran Gurudayal Ramachandani Vs the State of… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:21437 WP No. 12622 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 12622 OF 2024 (GM-RES)

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BETWEEN:

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SMT. KIRAN GURUDAYAL RAMACHANDANI D/O GURUDAYAL AGED ABOUT 45 YEARS, RESIDING AT NO. 18 NETAJI SOCIETY, NEAR JAIHIND SCHOOL, MANINAGAR, AHMEDABAD - 380 008.

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…PETITIONER

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(BY SRI. FAYAZ SAB B G, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, VIDHANA SOUDHA, BENGALURU - 560 001.

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Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA

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SUB INSPECTOR OF POLICE HSR LAYOUT POLICE STATION, BENGALURU - 560 102.

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…RESPONDENTS

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(BY SRI. K S HARISH, GOVERNMENT ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING DIRECT THE R-2 FOR DEFREEZMENT OF THE SAVINGS ACCOUNT OF THE PETITIONER, BEARING ACCOUNT NO. 391802010405316, IFSC CODE NO. UNBIN0539180, OPENED AND OPERATING IN UNION BANK OF INDIA, AHMEDABAD.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2024:KHC:21437 WP No. 12622 of 2024

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ORDER

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In this petition, petitioner seeks for the following reliefs:-

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“ i) TO ISSUE A WRIT OF MANDAMUS, in the nature of Order or Direction, directing the Respondent No.2 for DEFREEZMENT OF THE SAVINGS ACCOUNT OF THE PETITIONER, bearing Account No.391802010405316, IFSC Code No.UNBIN0539180, opened and operating in Union Bank of India, Ahmedabad, in the interest of justice and equity.

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ii) TO, GRANT, any such other relief/s as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity.”

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The 2^nd respondent has filed an Affidavit, which reads as

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under:-

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“ I, Harish V., S/o Late Sri. Venkatareddy, aged about 40 years, presently serving as Police Inspector, South East Division, Cyber Economic and Narcotic P.S. (C.E.N.)H.S.R. Layout, Bengaluru, do hereby solemnly affirm and state as follows:-

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A. I submit that I am serving as Police Inspector, South East Division Cyber Economic and Narcotic Police Station (C.E.N) H.S.R.Layout Bengaluru from the year 2023 till date. I know the facts of the present case. Hence, I am authorized to swear to this Affidavit.

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B. I most respectfully submit as under:

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(1) The above Petition is filed seeking for a Writ of Mandamus directing Respondent No.2 therein for de-

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3 - NC: 2024:KHC:21437 WP No. 12622 of 2024

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freezement of the Savings Account of the Petitioner bearing Account No. 3918010405316 and having IFSC Code No. UNBINO539180, opened and operating in Union Bank of India, Ahmedabad Branch.

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(2) The allegation made by the petitioner, in the said Writ Petition, is that freezing of the aforementioned Account is at the behest of Respondent No.2 and therefore, the relief of de-freezement is sought for. I most respectfully submit that the said freezing of Account was not done at the behest of the undersigned; but due to the Complaint lodged in Cyber Cell, Ministry of Home Affairs (MHA).

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(3) The following points, indicating the procedure adopted in such cases, are made for the kind consideration of this Hon’ble court:

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� The Victim of the alleged fraud makes a call directly to the Toll-Free No. 1930 of Cyber Cell, MHA.

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� UPON receipt of such a call, the Authorized Personnel in the said Cyber Cell Helpline Number, requests the victim to share all details such as nature of fraud, Bank Account details of the victim, Bank Account details of the alleged fraudster , Telephone Number concerned, the links which were used and all other transaction details with respect of to the said fraud.

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� Upon collecting all the necessary details, the Authorized Personnel operating the Helpline intimated the concerned Recipient Bank in which the alleged fraudster has an account, to freeze the said account . The Bank is also requested to establish money trial i.e., to all the accounts to which this defrauded money is transferred to.

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NC: 2024:KHC:21437 WP No. 12622 of 2024

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� The Cyber Cell of MHA forwards the report received from the Bank to the concerned Police Station under whose jurisdiction the Complainant hails from.

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� The said report is shared to the Complainant by the concerned Police Station.

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� The complainant filed an FIR before the concerned Police Station detailing the fraud.

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� UPON registration of the FIR, a notice is issued under Section 91 of CR.P.C. to the concerned Bank requesting them to provide complete details of the alleged fraudster account (KYC).

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� Thereafter, the concerned Police Station proceed with the investigation with respect to the primary account i.e., Recipient Account of the alleged fraud money. Thereafter, further investigation is conducted with respect to those accounts, which have received money from the primary account.

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� Only such accounts, which raise the suspicion of the Inquiry Officer shall be listed out and all other accounts shall be de-freezed.

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� Notice is given to the Bank under Section 102 of Cr.P.C. to freeze only the suspicious account, a list of which is given by the concerned Police Station.

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� Upon receipt of freezing of accounts by the said Bank, the same is intimated to the Magistrate immediately. � Notice issued under Section 41 (A) (1) to the accused to appear before the Investigating Officer and present his case. If the same is found to be genuine, the Investigating Officer may direct the Bank to de-freeze the account. If the Investigating Officer is not convinced, then the matter would proceed before the Hon’ble Magistrate Court.

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5 - NC: 2024:KHC:21437 WP No. 12622 of 2024

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4. In the instant case, the Cyber Cell, MHA has directly communicated to the Bank to freeze the said account. The Respondents have just initiated investigation and have not yet issued a Notice under Section 91 of Cr.P.C.

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WHEREFORE, I humbly pray that this Hon’ble Court be pleased to take the affidavit on record, in the interest of justice and equity.”

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In view of the specific stance / stand of the 2^nd respondent, nothing further survives in the petition and the same is accordingly disposed of reserving liberty in favour of the petitioner

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to take recourse to such remedies as available in law.

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Srl.

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Sd/JUDGE

Smt. Kiran Gurudayal Ramachandani v. the State of Karnataka

Case brief

What is this about?

What the court decided

Smt. Kiran Gurudayal Ramachandani v. the State of Karnataka

Case brief

What is this about?

What the court decided

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