Himanshu Gupta v. The State Rep by Inspector of Police

ORDER This Writ Petition (Criminal) has been filed seeking a direction to the first respondent to remove the lien marked on the petitioner's bank account maintained with the second respondent.

¶2Heard the learned counsel appearing for the petitioner and the learned Counsel for Government of Tamil Nadu appearing for the first respondent. Perused the materials available on record.

¶3The petitioner is holding a bank account with the second respondent bearing Account No.923010061853691. While being so, pursuant to the request made by the first respondent, the second respondent had debit froze the petitioner's bank account by marking a lien to the tune of Rs.18,59,181/-. However, the available balance in the petitioner's account is only 31,221.21/-.

¶4A perusal of the counter affidavit filed by the first respondent and also the submissions made by the learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the first respondent reveals that based on the complaint, the first respondent registered a case in Crime No.90 of 2024 for the offences punishable under Section 420 of IPC and Section 66(D) of Page3 of 5 Information Technology (Amendment) Act, 2008. It is alleged that the defacto complainant had joined a share market trading group and lost a sum of Rs.18,17,882/-. During the course of investigation, it was found that the petitioner's account was a third layer account into which a sum of Rs.82,800/- was transferred. Consequently, the first respondent instructed the second respondent to debit freeze the petitioner's bank account to the tune of Rs.82,800/-. However, the petitioner is having only a sum of Rs.31,221.21/- in the said account.

¶5In view of the above, the second respondent is directed to mark a lien over the petitioner's bank account to the tune of Rs.82,800/- and permit the petitioner to operate the account if any balance in future. It is made clear that the second respondent shall act in accordance with law if any request from the Investigating Agency.

¶6With the above direction, this Writ Petition (Criminal) stands disposed of. No costs. 07-07-2026 Index: Yes/No Speaking/Non-speaking order LPP Page4 of 5 To

1.The Inspector of Police Cyber Crime Police Station, Chennai East Zone, G7 Police Station, Chetpet, MS Nagar, Mukta Gardens, Chetpet, Chennai-600 008.

2.The Public Prosecutor, High Court of Madras, Chennai. Page5 of 5 G.K.ILANTHIRAIYAN J. LPP 07-07-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Himanshu Gupta ..Petitioner Vs 1. The State rep by Inspector of Police Cyber Crime Police Station, Chennai East Zone, G7 Police Station, Chetpet, MS Nagar, Mukta Gardens, Chetpet, Chennai-600 008. 2. The Branch Manager Axis Bank, Ground Floor, Shiv Constructions, Shop No.12B, Sai Millenium, Punawale, Pune-411033. ..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to pass any writ or direction in the nature of Writ of Mandamus, directing the 1st respondent to remove the lien amount and consequently remove the debit freeze, in the Petitioners account held at 2nd respondent Bank having Account No.923010061853691, IFSC Code UTIB0005033 and pass such further other orders as this Hon'ble Court. For Petitioner: Mr.P.Kavin Prabhu For Respondents: Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Crl.Side) For R1 Mr.R.Sreedhar For R2 Page2 of 5