01Facts
The petitioner invoked Article 226 seeking removal of a debit freeze/lien affecting the matured proceeds of Fixed Deposit No. 00000043915461760, credited to his State Bank of India account, and permission to operate the account.
¶ 1He submitted that his case was covered by *Malcolm Murayis & Ors. v. State Bank of India & Others*, W.P. No. 1100 of 2024, and relied on the later decision in *Archana v. State of Madhya Pradesh & Others*, concerning the Government’s cybercrime account-freeze grievance redressal SOP.
¶ 2–4The Court treated Rs. 1,00,000 as the disputed amount.
¶ 602Issues
i.1. Whether the petitioner’s bank account and matured fixed-deposit proceeds should remain frozen, or whether the restraint should be limited to the disputed amount.
¶ 5–6ii.2. Whether the petitioner could be permitted to operate the account while the disputed amount was preserved pending action by the competent authority.
¶ 603Law Applied
Under Article 226, the High Court may grant appropriate relief concerning a bank-account freeze.
*Malcolm Murayis* established that a disputed cybercrime-linked amount may be preserved in a fixed deposit, subject to timely action by the competent Judicial Magistrate; failing such action within three months, the amount may be released to the account holder under intimation to the cybercrime agencies.
¶ 3, quoting *Malcolm Murayis* · ¶ 9The SOP dated 10 April 2026 and the guidelines discussed in *Archana* require account freezes to be proportionate, ordinarily limited to the suspected amount, and subject to the prescribed grievance process and applicable legal procedure.
¶ 4, quoting *Archana* · ¶ 11–18The Court also referred to action under the relevant provisions of the BNSS or other applicable law.
¶ 6Provisions in the judgment · 1 · Linked ones open on LawLens
Code of Criminal Procedure, 1973 Section 102
04Reasoning
The Court considered the petitioner’s case covered, *mutatis mutandis*, by *Malcolm Murayis* and *Archana*.
¶ 5Applying their approach, it directed preservation of the identified disputed sum of Rs. 1,00,000 in a fixed deposit rather than continued restraint over the petitioner’s account and the matured fixed-deposit proceeds. The amount is to remain preserved pending orders of the competent Judicial Magistrate within three months; if no such orders are passed within that period, it may be withdrawn by the petitioner under intimation to the police agency.
¶ 605Holding
The petition was disposed of with a direction to keep Rs. 1,00,000 in a fixed deposit, subject to the three-month condition.
¶ 6The petitioner’s bank account is to be unfrozen, the lien on the matured fixed-deposit amount removed, and the petitioner permitted to operate the account.
¶ 6The Bank may act in accordance with law if it receives a complaint concerning another transaction, having regard to the SOP discussed in *Archana*.
¶ 6Original Court PDF
Mohammad Sharif KhanvsThe State Of Madhya Pradesh
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