Mahesh Meena vs. State Bank Of INDIA
Held
The Court held that the principles laid down in the cases of Malcolm Murayis and Archana are applicable to the present case. The disputed amount of Rs. 19,400/- in the petitioner's account shall be kept in a Fixed Deposit (FD). If any other complaint is received by the Bank concerning other entries, the Bank can take appropriate action in accordance with law, keeping in mind the SOP. The disputed amount in FD shall be liquidated only after orders are passed by the competent Judicial Magistrate within three months. If the Police agency fails to proceed in accordance with law within this period, the amount in FD may be withdrawn by the petitioner under intimation to the Police agency. The bank account of the petitioner shall be unfrozen, and the petitioner will be permitted to operate the account. The Court did not expressly leave any issue undecided.
Facts
The petitioner, Mahesh Meena, filed a writ petition seeking the removal of a freeze imposed on his bank account (Account No. 43642213680, State Bank of India). The freeze was allegedly imposed without lawful authority. The petitioner argued that his case was covered by previous judgments of the High Court, specifically Malcolm Murayis & Ors. Vs. State Bank of India and Others. In that case, petitioners involved in crypto trading had their accounts frozen based on cyber cell intimations. The current petition also references a subsequent judgment in Archana Vs. The State of Madhya Pradesh and Others, which dealt with a Standard Operating Procedure (SOP) for grievance redressal concerning frozen bank accounts in cyber crime cases. The petitioner had submitted a representation regarding his frozen account.
Key Issues
1. Whether the freeze imposed on the petitioner's bank account is illegal and arbitrary, requiring its removal? (Question of law and fact, concerning the legality of the freeze and the application of relevant procedural laws). Petitioner's arguments: The freeze was imposed without lawful authority and notice. The petitioner's case is squarely covered by the principles laid down in Malcolm Murayis and Archana, which emphasize due process and adherence to the SOP. The petitioner relies on the fact that a representation was already submitted. Revenue/State's arguments: Not explicitly recorded in the judgment. The judgment notes that banks freeze accounts based on instructions from cyber cell police stations and are bound by such directives. The judgment also refers to the SOP and the need for a balanced approach between investigation and the citizen's right to conduct business.
Sections Cited
Section 102 of Cr.P.C.
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Cause title — parties, addresses and appearances
ORDER This writ petition has been preferred by the petitioner under Article 226 of the Constitution of India praying for the following reliefs: "a) This petition may kindly be allowed with cost. b) Direct the Respondents to remove the illegal and arbitrary freeze/hold imposed on the petitioner’s bank accounts, namely State Bank Of India bank, Account No.43642213680 IFSC Code SBIN0030101 which have been frozen without any lawful authority or order. c) Issue such other orders, writ, and direction as this Hon’ble court deems fit in the interest of justice in favor of petitioner."
Learned counsel for the petitioner has submitted that the case of the petitioner is squarely covered by the decision rendered by this Court in the case of Malcolm Murayis & Ors. Vs. State Bank of India and Others Malcolm Murayis & Ors. Vs. State Bank of India and Others passed in W.P. No.1100 of 2024 date
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