Madhya Pradesh High CourtAdministrative and Public LawBanking and Finance Law

MP HC Unfreezes Man’s Bank Account While Disputed ₹22,000 Stays In Fixed Deposit Pending Magistrate’s Order

Narendrav.Branch Manager

MP HC Unfreezes Man’s Bank Account While Disputed ₹22,000 Stays In Fixed Deposit Pending Magistrate’s Order. Narendra vs Branch Manager. Madhya Pradesh High Court. LawLens
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In brief

The question

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

The court held

The Court directed that the petitioner’s bank account be unfrozen and that he be permitted to operate it.

It also directed

The Rs. 22,000 disputed amount must remain in a fixed deposit and may be liquidated only after orders are passed by the competent Judicial Magistrate within three months.

If that does not occur, the petitioner may withdraw the amount after giving intimation to the police agency.

The Bank may address any further complaint in accordance with law and the applicable SOP.

The petition was disposed of accordingly.

01Facts

The petitioner sought relief under Article 226 of the Constitution for unfreezing his bank account.

¶ 1–4

He relied on Malcolm Murayis & Ors. v. State Bank of India & Others and Archana v. State of Madhya Pradesh & Others, concerning the freezing of bank accounts in cyber-fraud investigations and the applicable grievance mechanism.

¶ 1–4

The Court noted that the disputed amount in the petitioner’s case was Rs. 22,000.

¶ 6

02Issues

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

¶ 5–6

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

¶ 6

03Law Applied

Article 226 empowers the High Court to grant appropriate relief where a bank-account freeze warrants judicial intervention.

The Court applied Malcolm Murayis, under which a disputed amount may be kept in a fixed deposit pending action by the competent Magistrate, with release to the account holder if the requisite legal action is not taken within the prescribed period.

¶ 3

It also applied Archana, which discusses the Ministry of Home Affairs’ SOP dated 10 April 2026 and requires bank-account restrictions in cyber-fraud cases to be proportionate, with grievance redressal and investigation carried out in accordance with the SOP.

¶ 4, reproducing Archana · ¶ 11–18

These authorities were held applicable mutatis mutandis.

¶ 5

Provisions in the judgment · 1 · Linked ones open on LawLens

Code of Criminal Procedure, 1973 Section 102

04Reasoning

Applying Malcolm Murayis and Archana, the Court distinguished the disputed Rs. 22,000 from the remainder of the petitioner’s account and directed that only the disputed amount be secured in a fixed deposit.

¶ 5–6

This preserved the amount potentially relevant to the investigation without continuing to restrict the petitioner’s access to the entire account.

The Court also required the police agency to proceed under the relevant provisions of the BNSS or other applicable law.

¶ 6

05Holding

The Court directed that the petitioner’s bank account be unfrozen and that he be permitted to operate it.

¶ 6–7

The Rs. 22,000 disputed amount must remain in a fixed deposit and may be liquidated only after orders are passed by the competent Judicial Magistrate within three months.

¶ 6–7

If that does not occur, the petitioner may withdraw the amount after giving intimation to the police agency.

¶ 6–7

The Bank may address any further complaint in accordance with law and the applicable SOP.

¶ 6–7

The petition was disposed of accordingly.

¶ 6–7
Madhya Pradesh High Court

Original Court PDF

NarendravsBranch Manager

Madhya Pradesh High Court · November 04, 2026

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