Facts
The petitioner sought to quash the freezing of his Bank of India savings account and restore its operation, as well as obtain copies of the complaints or orders underlying the freeze
Source reference: para. 1He relied on Malcolm Murayis & Ors. v. State Bank of India & Ors., W.P. No. 1100 of 2024, and Archana v. State of Madhya Pradesh & Ors., decided on 27 July 2026, concerning the freezing of bank accounts in cybercrime cases and the applicable grievance-redressal procedure
Source reference: paras. 2–4The Court recorded that the disputed amount in the petitioner’s case was ₹20,200
Source reference: para. 6Issues
1. Whether the petitioner’s account should remain frozen in full when the disputed amount was ₹20,200.
Source reference: paras. 5–62. Whether the disputed amount should instead be secured separately while the petitioner is permitted to operate the account.
Source reference: para. 6Law Applied
The Court applied the principles in Malcolm Murayis and Archana, holding them applicable mutatis mutandis to the present case.
Source reference: para. 5The Archana decision discussed the Ministry of Home Affairs’ Standard Operating Procedure dated 10 April 2026 for grievances concerning bank accounts put on hold through the NCRP-CFCFRMS, including the principles that restraint should be proportionate, that only the suspected amount should ordinarily be secured where identifiable, and that the prescribed grievance process should be followed.
Source reference: para. 4, reproducing Archana, paras. 11–18The Court also directed that the police agency proceed under the relevant provisions of the BNSS, or any other law relied upon, within three months.
Source reference: para. 6Reasoning
Having found the principles in Malcolm Murayis and Archana applicable, the Court directed that the identified disputed amount be kept in a fixed deposit rather than continuing the freeze on the petitioner’s account as a whole.
Source reference: paras. 5–6This preserved the disputed funds while allowing the petitioner to resume operating the account.
Source reference: para. 6The Court also left the Bank free to act in accordance with law and the SOP if it received a complaint concerning another transaction.
Source reference: para. 6Holding
The petition was disposed of with a direction to unfreeze the petitioner’s account and permit its operation, while keeping ₹20,200 in a fixed deposit.
The disputed amount may be liquidated only upon an order by the competent Judicial Magistrate within three months; failing such an order, the petitioner may withdraw the fixed-deposit amount after informing the police agency.
Source reference: para. 6The Court did not expressly grant the separate request for copies of the complaints or orders.
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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Rajesh PatidarvsBank Of India
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