Prakash Pan Palace Through Prop. Prakash Chouksey vs The Branch Manager Brilliant Conv Centre Icici Bank Ltd Icici Bank

NEUTRAL CITATION NO. 2026:MPHC-IND:25100
1 WP-35463-2026
IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
th
ON THE 9 OF SEPTEMBER, 2026
WRIT PETITION No. 35463 of 2026
PRAKASH PAN PALACE THROUGH PROP. PRAKASH
CHOUKSEY
Versus
THE BRANCH MANAGER BRILLIANT CONV CENTRE ICICI
BANK LTD ICICI BANK AND OTHERS
Appearance:
Ms Reetika Yadav - Advocate for the petitioner.
ORDER
Heard, learned counsel for the petitioner.
The present petition has been filed under Article 226 of the
Constitution of India seeking following reliefs:-
" 7. RELIEF SOUGHT:-
It is, therefore prayed that this petition may kindly be allowed with cost
and by issuing appropriate writ direction or order: -
A. Issue a Writ of Mandamus directing Respondent No. 1 to immediately
unfreeze/activate the Petitioner's CAA Bank Account No.
777705220755.
B. Direct Respondent No. 2 to produce the "Cyber Complaint" or "Order"
(if any) passed by the concern Court based on which the account was
frozen.
C. Direct the respondent no. 1 & 2 that, the disputed amount may ! keep
in custody (through FD) or freeze the disputed amount, and unfreeze the
other balance as well allow to petitioner to operate his CAA account vide
no. 777705220755
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 09-09-2026
18:54:14

NEUTRAL CITATION NO. 2026:MPHC-IND:25100
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C. Any other relief which this Hon'ble Court may deem fit may also be
kindly given to the petitioner along with cost and oblige. "

2. From perusal of the record, it is found that the case of the
petitioner is squarely covered by the decision rendered by this Court in
the case of Malcolm Murayis & Ors. Vs. State Bank of India and Others
Malcolm Murayis & Ors. Vs. State Bank of India and Others passed in
W.P. No.1100 of 2024 dated 26.04.2024.
3. So far as the decision rendered in the case of Malcolm Murayis
(supra) is concerned, the same reads as under:-
"1] This order shall also govern the disposal of W.P. Nos.1100/2024 and
1185/2024 as in both the petitions identical reliefs have been sought by the
parties. 2] These petitions have been filed by the petitioners 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 Respondent No. 2 thereby directing Respondents
to remove the hold/freeze on the Bank account of petitioners.
c) Issue such other orders, writ, and direction as this Hon’ble
court deems fit in the interest of justice in favour of petitioner.”
3] The grievance of the petitioners is that they are engaged in trading of
crypto and virtual currency, and having their bank accounts with State Bank
of India and ICICI Bank, which have been freezed all of a sudden, only on the
intimation sent by the cyber cells of the various police stations, viz.,
respondent Nos.3 to 9, to freeze the aforesaid account 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 petitioners, which are linked to cyber crime/fraud.
4] Counsel for the petitioners has submitted that the petitioners have 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 petitioners
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
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 09-09-2026
18:54:14

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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.

5] Counsel for the respondents Banks have submitted that the Banks have not
freezed the account of the petitioners on their own but only at the instructions
of various cyber cell police stations, and are bound by the instructions issued
by such investigating authorities. Thus, it is submitted that the appropriate
orders may be passed.
6] Heard counsel for the parties and perused the record.
7] 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 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.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
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 09-09-2026
18:54:14

NEUTRAL CITATION NO. 2026:MPHC-IND:25100
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Rs.50,000/- per month from their respective accounts.”
(emphasis supplied)

8] In compliance of the aforesaid order, State Bank of India has already sent
emails to the concerned cyber crime cell of various police stations but except
the cyber crime cell of Banglore, Karnataka / respondent No.4 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.
9] In such circumstances, this Court is inclined to dispose of this petition with
a direction to the respondents/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 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 petitioners under
intimation to the cyber crime agencies.
10] With the aforesaid direction, the petitions stand disposed of."
4. On due consideration, this Court is of the considered opinion
that the decision rendered by this Court in the case of Malcolm Murayis
(supra) shall be applicable mutatis mutandis in the present case also.
5. In such circumstances, this Court is inclined to dispose off this
petition with a direction to the respondents/Bank to keep the disputed
amount as informed to him by the crime agencies in fixed deposits,
which shall be allowed to be liquidated only after the orders are passed
by the competent Judicial Magistrate within three months’ time as it is
expected from the Police agency to proceed in accordance with law
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 09-09-2026
18:54:14

NEUTRAL CITATION NO. 2026:MPHC-IND:25100
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under the relevant provisions of the BNSS or any other law on which it

is relying upon, failing which the amount so kept in FD may also be
allowed to be withdrawn by the petitioner under intimation to the Police
agency. In the present case also, the said bank account(s) of the
petitioner as mentioned in the relief clauses shall be unfrozen.
6. With the aforesaid direction, the petition stands disposed of.
(SANDEEP N. BHATT)
JUDGE
sh

Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 09-09-2026
18:54:14