Shivam Kumar v. State of U.P. and 3 Others

Court No. - 40 Case :- WRIT - C No. - 37971 of 2023 Petitioner :- Shivam Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Kumar Mishra,Neeraj Shukla Counsel for Respondent :- C.S.C.,Ajal Krishna,Anadi Krishna Narayana Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Manohar Narayan Mishra,J.

¶1Heard Sri Neeraj Shukla, learned counsel for the petitioner, Sri Shikhar Chandra, Advocate holding brief of Sri Ajay Krishna and Sri Fuzail Ahmad Ansari, learned counsel for the State-respondents.

¶2The present petition is being preferred with a prayer to issue a writ, order or direction, in the nature of mandamus directing the respondent-bank to unfreeze the account of the petitioner bearing A/c No.14178100027806.

¶3At the very outset, learned counsel for the Bank has placed communication dated

8.12.2022, sent by Deputy Superintendent of Police, State Cyber Crime Cell, CID Crime, Gandinagar, Gujarat addressed to the Nodal Officer, Bank of Baroda, wherein, a request has been made not to unfreeze any account, which were in lieu of complaint made on MHA Portal, except receiving any communication/E-mail from the State Cyber Crime Cell, CID Crime, Gujrat, manually or with authorized Email ID mentioned in the said communication. He submits that the petitioner's aforesaid account was also frozen by the State Cyber Crime Cell, CID Crime, Gandinagar, Gujarat in lieu of complaint on the MHA portal. In the said communication, it is provided that in case customer/incumbent approach the Bank to unfreeze his/her account, then it is expected from the Bank to ask customer to send an E-mail on the Email ID provided in the communication.

¶4Confronted with this situation, learned counsel for the petitioner states that leave may be accorded to press the relief before the appropriate authority/court.

¶5Considering the facts and circumstances, we are not inclined to entertain the writ petition and the same stands dismissed with aforesaid liberty. Order Date :- 8.12.2023 Kamarjahan High Court of Judicature at Allahabad