01Facts
Petitioner No. 1, an online recruitment and talent-solutions company, stated that it received payments of ₹47,200 each in March and May 2026 from Tejansh Tripathi under a service agreement for access to its résumé database.
pp. 3–5Its ICICI Bank account was frozen following a direction from Kolsewadi Police Station during investigation of an FIR alleging that the complainant had been defrauded of ₹9,34,356 in a job-placement scheme.
pp. 3–5The company applied to the JMFC for de-freezing; the application was rejected on 4 September 2026.
pp. 3–5It then sought relief under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
pp. 3–502Issues
i.Whether the JMFC’s refusal to de-freeze the company’s account was sustainable when the State could not identify material linking the account or its funds to the alleged proceeds of crime.
pp. 6–7ii.Whether the police should be directed to initiate the process of de-freezing the company’s account.
p. 703Law Applied
The petition invoked the High Court’s inherent jurisdiction under Section 528 of the BNSS, 2023.
p. 3The Court’s reasoning applied the principle that an account freeze connected with a criminal investigation must have an evidential basis linking the account or funds to the alleged offence; an asserted money trail, without material demonstrating that connection, did not justify maintaining the freeze in this case.
pp. 6–7The judgment cited no precedent or further statutory provision governing the freeze.
pp. 6–7Provisions in the judgment · 4 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Bharatiya Nyaya Sanhita, 2023 Section 319Section 318Section 3
04Reasoning
The State submitted that the complainant had paid money to a person named Ravinder, who had allegedly layered funds through various accounts. However, despite the Court’s specific query, the State produced no material linking the petitioner company’s account to the alleged proceeds of crime.
p. 6The JMFC had relied on an asserted credit to the company’s account from the complainant, but the State could not substantiate that finding or establish a connection between the defrauded amount and the company.
pp. 6–7In those circumstances, the Court found the basis for refusing de-freezing untenable.
pp. 6–705Holding
The Court set aside the JMFC’s order dated 4 September 2026 and directed Kolsewadi Police Station to initiate the process to de-freeze the petitioner company’s ICICI Bank account, No. 007605001669.
p. 7The petition was made absolute in those terms.
p. 7Original Court PDF
Monster Com India Private LimitedvsState Of Maharashtra
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