Allowed¶48

S.Saraswathy v. The Reserve Bank of India

Madras HC26 Jun 2025WP(MD)/31026/2024

Case brief

AI extract

What is this about?

defreeze bank account; cyber crime police freeze; Article 226 writ of mandamus; savings account frozen without prior notice; Tamilnadu Mercantile Bank; Reserve Bank of India; Internet Banking Related Fraud; remittances from son working abroad; Rustic woman petitioner; SP Ramanathapuram investigation; Hyderabad Cyber Crime Police Station; Mohammed Saifullah v. RBI; Kooz Advisors v. Indian Overseas Bank; Madras High Court Madurai Bench; no costs.

What did the court decide?

Writ Petition allowed; seventh respondent Bank directed to defreeze the petitioner's Savings Account No.131100050302193 forthwith, with liberty to respondents to re-freeze upon suspicious transactions after due notice; no costs. ¶48

S.Saraswathy Vs The Reserve Bank of India — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the seventh respondent Bank should be directed to defreeze the petitioner's Savings Account No.131100050302193 and allow her to operate it as usual, the account having been frozen on cyber-crime complaints relating to her son's transactions.

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Court's answer

Having considered the submissions and perusing its earlier decisions in Mohammed Saifullah v. Reserve Bank of India (W.P.No.25631 of 2024, dated 10.09.2024) and M/s.Kooz Advisors and Technologies Pvt. Ltd. v. Indian Overseas Bank (W.P.(MD) No.15684 of 2024, dated 15.07.2024), this Court directed the seventh respondent Bank to defreeze the petitioner's account forthwith.

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Ratio / Principle

If any suspicious transactions are noticed in the said account, either by the petitioner herself or by her son, the respondents are at liberty to freeze the account at a future date, after giving due notice to the petitioner.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), C. Saravanan J., W.P.(MD) No.31026 of 2024, decided 26.06.2025 — Defreezing of bank account; Article 226 Writ of Mandamus. The petitioner S. Saraswathy's savings account No.131100050302193 with Tamilnadu Mercantile Bank Ltd. (seventh respondent) was frozen pursuant to instructions of the Inspector of Police, Cyber Crime Police Station, Hyderabad (sixth respondent), without prior notice, after transactions of her son Dheenadhayalan attracted action under the category 'Internet Banking Related Fraud' at the behest of one Mr.Rajive Chauhan on 04.11.2024; the trading-investment fraud matter is under investigation by the Superintendent of Police, Ramanathapuram (fourth respondent). The account, used solely to receive maintenance remittances from her son working abroad, held Rs.1,58,951/-. Following this Court's earlier decisions in Mohammed Saifullah v. Reserve Bank of India (W.P.No.25631 of 2024, dated 10.09.2024) and M/s.Kooz Advisors and Technologies Pvt. Ltd. v. Indian Overseas Bank (W.P.(MD) No.15684 of 2024, dated 15.07.2024), the Court directed the Bank to defreeze the account forthwith, reserving liberty to the respondents to freeze it again at a future date upon any suspicious transactions after giving due notice to the petitioner. Writ Petition allowed; no costs.

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W.P.(MD) No.31026 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.06.2025

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CORAM

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THE HON'BLE MR.JUSTICE C. SARAVANAN

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W.P.(MD) No.31026 of 2024

S.Saraswathy

... Petitioner

Vs.

1.The Reserve Bank of India, Rep. by its Governor, Head Office at 16^th Floor, Central Officer Building, Shahid Bhaget Singh Road, Mumbai 400 001.

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2.The Additional Director General of Police, Cyber Crime Wing, No.3, Dr.Natesan Road, Police Training College Campus, 3^rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai 600 083.

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3.The Regional Director, Reserve Bank of India, Fort Glacis, No.16, Rajajai Salai, Chennai 600 001.

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4.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

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____________ Page No. 1 of 8_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.31026 of 2024

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5.The Assistant Commissioner of Police, Cyber Crime Police Station, Jayabheri Pine Valley, Gachibowli, Hyderabad, Telangana – 500032.

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6.The Inspector of Police, Cyber Crime Police Station, Jayabheri Pine Valley, Gachibowli, Hyderabad, Telangana – 500032.

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7.The Branch Manager, Tamilnadu Mercantile Bank Ltd., Door No.25, Sigil Raja Veedhi, 1^st floor, Ramanathapuram District, Tamil Nadu – 623 501.

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... Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the seventh respondent Bank to defreeze the petitioner's Saving Account No. 131100050302193 and allow the petitioner to operate the same as usual by considering the petitioner's representation dated 07.12.2024 within the time stipulated by this Court.

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For Petitioner : Mr.K.Dinesh For R1 : Mr.K.R.Laxman Standing Counsel For R2 & R4 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.31026 of 2024

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For R7

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: Mr.N.Dilipkumar Standing Counsel

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O R D E R

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The petitioner has filed this Writ Petition for issuance of a Writ of Mandamus, directing the seventh respondent Bank to defreeze the petitioner's Saving Account No.131100050302193 and allow the petitioner to operate the same as usual by considering the petitioner's representation dated 07.12.2024 within the time stipulated by this Court.

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The petitioner is the holder of Savings Account No. 131100050302193 with the seventh respondent Bank, which has been frozen pursuant to the instructions of the sixth respondent, namely, the Inspector of Police, Cyber Crime Police Station, Jayabheri Pine Valley, Gachibowli, Hyderabad, Telangana - 500 032.

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The learned counsel for the petitioner submits that the said account maintained by the petitioner is used solely for crediting the amounts sent by her son. It is submitted that the petitioner's son is working abroad and transfers money to the petitioner for her maintenance

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.31026 of 2024

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in India. It is submitted that the petitioner is a rustic woman with no independent means of livelihood and is entirely dependent on the amount sent by her son.

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It appears that the petitioner's son, Dheenadhayalan, had carried out certain transactions which attracted action by the seventh respondent at the behest of one Mr.Rajive Chauhan on 04.11.2024, under the category of Internet Banking Related Fraud. The matter involving trading investments and promises of high returns is now being investigated by the fourth respondent police, namely, the Superintendent of Police, Ramanathapuram, Ramanathapuram District. Based on the complaint received by the seventh respondent from the sixth respondent, the petitioner's account has been frozen without prior notice to the petitioner, as a result of which she is unable to receive funds from her son for her maintenance.

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The learned Standing Counsel for the seventh respondent Bank

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submits that a sum of Rs.1,58,951/- is lying in the account of the petitioner.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.31026 of 2024

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Having considered the submissions made by the learned counsel for the petitioner, the learned Standing Counsel for the first respondent, the learned Government Advocate (Criminal Side) appearing for the second and fourth respondents, and the learned Standing Counsel for the seventh respondent, and upon perusal of the decisions of this Court rendered in Mohammed Saifullah v. Reserve Bank of India, represented by its Governor and others , in W.P.No.25631 of 2024, dated 10.09.2024, and in M/s.Kooz Advisors and Technologies Pvt. Ltd. v. Indian Overseas Bank, represented by its Branch Manager , in W.P.(MD) No.15684 of 2024, dated 15.07.2024, this Court is inclined to direct the seventh respondent Bank to defreeze the aforesaid account of the petitioner forthwith.

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However, in case any suspicious transactions are noticed in the said account, either by the petitioner for herself or by her son, the respondents are at liberty to freeze the same at a future date, after giving due notice to the petitioner.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.31026 of 2024

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With the above observations, this Writ Petition stands allowed.

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No costs.

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26.06.2025

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JEN Index : Yes / No Internet : Yes / No Neutral Citation : Yes/No Speaking Order / Non-Speaking Order

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1.The Governor, Reserve Bank of India, Head Office at 16^th Floor, Central Officer Building, Shahid Bhaget Singh Road, Mumbai 400 001.

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2.The Additional Director General of Police, Cyber Crime Wing, No.3, Dr.Natesan Road, Police Training College Campus, 3^rd Floor, Cyber Crime Wing, Ashok Nagar, Chennai 600 083.

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3.The Regional Director, Reserve Bank of India, Fort Glacis, No.16, Rajajai Salai, Chennai 600 001.

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