Facts
The petitioner sought a writ of mandamus directing Kotak Mahindra Bank to restore full operation of its current account.
Source reference: no citationAt the hearing, the State informed the Court that Tiruppur Cyber Crime Police had instructed the bank to defreeze the account while retaining a lien of ₹1,57,278
Source reference: para. 2, p. 2The petitioner disputed any connection to the alleged cybercrime and contended that the police order under Section 106 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was made without application of mind
Source reference: para. 3, p. 5Issues
Whether the petitioner’s account should be defrozen while a lien of ₹1,57,278 is retained
Source reference: para. 3, p. 5Whether the challenge to the police order under Section 106 BNSS could be considered in this mandamus proceeding
Source reference: para. 3, p. 5Law Applied
The Court referred to Section 106 of the BNSS as the provision under which the police order had been passed, but did not examine its legality or set out a substantive interpretation of it.
Source reference: para. 3, p. 5The proceeding concerned the petitioner’s prayer for mandamus; the Court stated that any challenge to the Section 106 order should be brought in separate proceedings.
Source reference: para. 3, p. 5Reasoning
The police had already instructed the bank to defreeze the account subject to a lien for ₹1,57,278
Source reference: para. 2, p. 2Given the limited relief sought in the mandamus petition, the Court directed the bank to implement that arrangement. It did not decide the petitioner’s contention that the Section 106 BNSS order was without application of mind, leaving that challenge to separate proceedings
Source reference: para. 3, p. 5Holding
The Court ordered the second respondent bank to defreeze the petitioner’s account while retaining a lien of ₹1,57,278. It left open the petitioner’s right to initiate separate proceedings to challenge the police order under Section 106 BNSS.
The writ petition was ordered with no costs
Source reference: paras. 3–4, p. 5Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Original Court PDF
M/s.Alok Fashion Pvt Ltd.,vsThe State Rep by The Inspector of Police
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