Cybercrime account freezes must not prevent operation beyond securing the disputed amount.

The petitioner invoked Article 226 seeking the unfreezing and restoration of full operation of his HDFC Bank account.

Relying on Malcolm Murayis and Archana, he sought relief against the account freeze.

The Court recorded that the disputed amount was ₹10,000 and considered the prior decisions’ directions concerning bank-account freezes in cybercrime matters.

Whether the petitioner’s account should be unfrozen while the disputed amount is separately secured.

Whether the disputed amount should remain secured pending action by the competent Judicial Magistrate under the applicable law.

Article 226 empowers the High Court to grant appropriate relief in cases concerning the freezing of bank accounts.

The Court applied Malcolm Murayis v. State Bank of India and Others and Archana v. State of Madhya Pradesh and Others mutatis mutandis.

Under the principles reflected in those decisions and the Government’s SOP dated 10 April 2026, a restraint should be proportionate to the suspected proceeds of crime; where appropriate, the disputed amount may be secured without preventing operation of the entire account.

The investigating agency is expected to proceed under the relevant provisions of the BNSS or other applicable law, including seeking orders from the competent Judicial Magistrate.

The Court considered its earlier decisions applicable to the petitioner’s case and balanced preservation of the disputed sum against the need to permit ordinary operation of the account.

It therefore directed that the identified disputed amount of ₹10,000 be placed in a fixed deposit, while the account itself be unfrozen.

The amount would remain secured pending an order from the competent Judicial Magistrate within three months; absent such an order, it could be released to the petitioner, with intimation to the police agency.

The bank may take appropriate action in accordance with law if it receives a complaint concerning another transaction.