Madras High Court
Banking and Finance LawAdministrative and Public Law

A frozen account must be defrozen while retaining the police-directed lien amount.

M/s.Alok Fashion Pvt Ltd., vs The State Rep by The Inspector of Police

Madras High CourtJUDGMENT: September 22, 20261 MIN READSOURCE JUDGMENT
A frozen account must be defrozen while retaining the police-directed lien amount.. M/s.Alok Fashion Pvt Ltd., vs The State Rep by The Inspector of Police. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner sought a writ of mandamus directing Kotak Mahindra Bank to restore full operation of its current account.

Source reference: no citation

At 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. 2

The 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. 5
02

Issues

Whether the petitioner’s account should be defrozen while a lien of ₹1,57,278 is retained

Source reference: para. 3, p. 5

Whether the challenge to the police order under Section 106 BNSS could be considered in this mandamus proceeding

Source reference: para. 3, p. 5
03

Law 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. 5

The 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. 5
04

Reasoning

The police had already instructed the bank to defreeze the account subject to a lien for ₹1,57,278

Source reference: para. 2, p. 2

Given 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. 5
05

Holding

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. 5
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20231

Madras High Court

Original Court PDF

M/s.Alok Fashion Pvt Ltd.,vsThe State Rep by The Inspector of Police

Madras High Court · September 22, 2026

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