Facts
The petitioner sought a direction under Article 226 to remove the hold on his State Bank of India savings account and permit him to operate it.
Source reference: para. 1He relied on *Malcolm Murayis & Ors. v. State Bank of India and Others*, W.P. No. 1100 of 2024, and *Archana v. State of Madhya Pradesh and Others*, decided on 27 July 2026, concerning bank-account freezes linked to cybercrime complaints and the applicable grievance procedure.
Source reference: paras. 2–4The disputed amount identified in the present petition was Rs. 2,740.
Source reference: para. 6Issues
Whether the petitioner’s account should be unfrozen while the disputed amount is separately secured.
Source reference: paras. 5–6Whether the disputed amount should remain secured pending action by the competent Judicial Magistrate under the applicable law.
Source reference: para. 6Law Applied
Article 226 of the Constitution empowers the High Court to issue appropriate directions to protect against unlawful or disproportionate restrictions.
Source reference: no citationThe Court applied *Malcolm Murayis*, which directed that disputed amounts linked to cybercrime complaints be kept in fixed deposits pending orders of the competent Judicial Magistrate within three months, failing which the amount could be released to the account holder under intimation to the police.
Source reference: para. 3It also applied *Archana*, which discussed the Ministry of Home Affairs’ Standard Operating Procedure dated 10 April 2026 and emphasized proportionate account restraints, preservation of only the disputed amount where sufficient, and a time-bound grievance-redressal process.
Source reference: paras. 4–5The Court directed the police agency to proceed under the relevant provisions of the BNSS or other applicable law.
Source reference: para. 6Reasoning
The Court considered the principles in *Malcolm Murayis* and *Archana* applicable to the petitioner’s case *mutatis mutandis*.
Source reference: para. 5It balanced preservation of the disputed Rs. 2,740 against the need to allow access to the rest of the account, directing that the disputed sum be kept in a fixed deposit while the account itself was unfrozen.
Source reference: para. 6It also left the bank free to act in accordance with law and the SOP if it received a complaint relating to another transaction.
Source reference: para. 6Holding
The petition was disposed of with a direction to unfreeze the petitioner’s bank account and permit its operation.
The disputed Rs. 2,740 must be kept in a fixed deposit and may be liquidated only upon an order of the competent Judicial Magistrate within three months; if no such order is passed within that period, the petitioner may withdraw the amount under intimation to the police agency.
Source reference: para. 6Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
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Kundan PatelvsState Bank Of India
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