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Judgment
9 paragraphs · 381 wordsJagmohan Bansal, J
As common issues are involved in the captioned petitions, with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-5869-2026.
The petitioner through instant petition under Articles 226/227 of the Constitution of India is direction to respondent to de-freeze his saving bank account No.2211257140028503 and current account No.2302257146880372 maintained at AU Small Finance Bank Branch Football Chowk, Jalandhar.
Learned counsel for the petitioner submits that some fraudsters have deposited a sum of Rs.47,449/- in his account to cheat him. The fraudsters are adopting different ways and means to entice people to share their bank details or deposit money in their illegal accounts. The petitioner has no concern with aforesaid deposit. There is no FIR against him. He is not involved in any criminal activity. The respondent has mechanically attached his account.
Learned counsel for the respondents concede that no criminal case has been registered against the petitioner. No civil or criminal proceedings qua amount involved are pending against him. This Court vide order dated 24.02.2026 passed in CWP No.31234 of 2024 titled as “Labpreet Kaur v. Union of India and others” has already ordered to de-freeze bank account in such circumstances. They have no objection if accounts are de-freezed.
Heard the arguments and perused the record.
From the perusal of record and submissions of both sides, it is evident that there are suspicious transactions of Rs.47,449/- and Rs.94,997/- in the petitioner’s accounts. No FIR is registered against him. He is not involved in any criminal case. No order of attachment under Section 107 of BNSS has been passed by the Magistrate. Claim of petitioner is genuine and deserves to be allowed. Accordingly, respondent-Banks are hereby directed to de-freeze his bank accounts within three days from today.
As conceded by petitioner, the disputed amount shall not be utilized by him. It will remain freezed. It is made clear that this order shall not legalize any act or omission on the part of petitioner, if at any stage, petitioner is found involved in the commission of any offence or violation of provision of any law in force.
Pending application(s), if any, also stands disposed of.
