Goswami Traders Through Proprietor Santosh Giri Goswami vs Indian Overseas Bank

NEUTRAL CITATION NO. 2026:MPHC-IND:5783
1 WP-5772-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE

BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
th
ON THE 26 OF FEBRUARY, 2026
WRIT PETITION No. 5772 of 2026
GOSWAMI TRADERS THROUGH PROPRIETOR SANTOSH GIRI
GOSWAMI
Versus
INDIAN OVERSEAS BANK AND OTHERS
Appearance:
Shri Savya Sachi Saxena - Advocate for the petitioner.
Ms. Pranjali Yajurvedi (GA) appeared for respondent No.3/State.
ORDER
The petition has been filed by the petitioner under Article 226 of the
Constitution of India seeking the following reliefs:-
“a) This petition may kindly be allowed with cost.

b) To direct the respondents to remove the illegal and arbitrary
freeze/hold/Composed on the petitioner’s bank accounts, bearing.
Account No.178502000000760 maintained with Indian Overseas
Bank (IOB) and Account No.925020048585400 maintained with
Axis Bank Ltd. which have been frozen without any lawful
authority or order.

c) Issue such other orders, writ, and direction as this Hon’ble
Court deems fit in the interest of justice in favour of petitioner.”
2. The grievance of the petitioner is that he is engaged in business by
occupation under the Firm name of Goswami Traders and having their bank
accounts with Indian Overseas Bank and Axis Bank Ltd., which have been
freezed all of a sudden, only on the intimation sent by the cyber cells of the
various police stations, viz., respondent No.3, to freeze the aforesaid
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 27-02-2026
16:06:34

NEUTRAL CITATION NO. 2026:MPHC-IND:5783
2 WP-5772-2026
accounts on the allegation that the accounts are involved in some cyber

fraud. The amounts of which have also been disclosed, as to how much of
the amount is credited in the account of the petitioner, which are linked to
cyber crime/fraud.
3. Counsel for the petitioner has submitted that the petitioner has
never received any notice from any police station regarding their
involvement in any such offence, and even otherwise, they are lawfully
carrying out their business of trading, and it appears that some person who
was involved in fraud has transacted through the petitioners. Thus, it is
submitted that the petitioner may be allowed to operate their bank account,
and so far as the amount which is said to be credited on account of the cyber
fraud, it is submitted that it may be kept in separate fixed deposits so that the
same can be withdrawn as and when the clean chit is given to the petitioner.
Counsel has also submitted that none of the investigating agencies have
complied with Section 102 of Cr.P.C. and have not informed the concerned
Magistrate about such seizure. Thus, it is submitted that the petition be
allowed.
4. Heard counsel for the parties and perused the record.
5. From the record, it is found that this Court vide its order dated
14/03/2024 has passed an interim order in the following manner:-

“Heard on the question of admission and interim relief.
Let notice be issued to respondents No.3 to 9 in WP
No.1100/2024 and respondents No.3 to 6 in WP No.1185/2024 on
payment of process fees within three working days, returnable
within further two weeks time, who are various police authorities
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 27-02-2026
16:06:34

NEUTRAL CITATION NO. 2026:MPHC-IND:5783
3 WP-5772-2026
and who have sent the requests to the respondent No.1/SBI to
freeze the account of the petitioners, alleging some cyber crime.
Since the notices have been served on respondent No.1 SBI by
the aforesaid authorities through email only, the notice of this
petition shall also be sent to these authorities through their
respective emails, so as to expedite the matter.
On payment of separate process fees, the petitioners are also
permitted to serve dasti notice to the respondent No.3 ICICI Bank
in WP No.1185/2024, whereas the other respondents shall be
served through emails. Notice shall be returnable within two
weeks time.
Shri Arpit Guru, learned counsel for the SBI is also directed to
apprise the investigating agencies who are respondents No.No.3 to
9 in WP No.1100/2024 and respondents No.3 to 6 in WP
No.1185/2024 about the court's proceeding today, so that they can
also submit their reply expeditiously.
The respondents are directed to file their reply positively within
further three weeks time.
As an interim measure, it is directed that till the next date of
hearing, each of the petitioners shall be allowed to withdraw
Rs.50,000/- per month from their respective accounts.” (emphasis
supplied)

6. In compliance of the aforesaid order, Bank has already sent
emails to the concerned cyber crime cell of various police stations but except
the cyber crime cell of Banglore, Karnataka in connected petition W.P.
No.1185/2024, no other police station has taken trouble to respond to the
emails sent to them, which also demonstrates the poor functioning and
irresponsible approach of the said cyber crime cells of various States as on
one hand they had sent emails to the various banks to freeze certain accounts,
and on the other hand they are not willing to respond to the emails sent to
them.
7. In such circumstances, this Court is inclined to dispose of this
petition with a direction to the respondents No.1 and 2/Bank to keep the
disputed amount as informed to them by various cyber crime agencies, in
fixed deposits, which shall be allowed to be liquidated only after the orders
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 27-02-2026
16:06:34

NEUTRAL CITATION NO. 2026:MPHC-IND:5783
4 WP-5772-2026
are passed by the Competent Judicial Magistrate within three months’ time

as it is expected from the cyber crime police to proceed in accordance with
law under Section 102 of Cr.P.C., or any other law on which they are relying
upon, failing which the amount so kept in FDs may also be allowed to be
withdrawn by the petitioner under intimation to the cyber crime agencies. In
the present case also, the bank account of the petitioner shall be unfrozen.
8. With the aforesaid direction, the petitions stand disposed of.
(JAI KUMAR PILLAI)
JUDGE
Aiyer

Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 27-02-2026
16:06:34