Rajesh Kumar vs Reserve Bank Of India And Others

Jagmohan Bansal, J

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking directions to de-freeze his Bank Account No.3357014857 maintained with respondent No.3 - Central Bank of India.

Learned counsel for the petitioner submits that on 22.08.2025, petitioner's account had been subjected to debit freeze and a lien of Rs.3,233/- had been placed on the said account. The petitioner is neither named as an accused nor shown to have any prima facie nexus with the alleged offence. There is no order of Magistrate in terms of Section 107 of Bharatiya Nagarik Suraksha Sanhita ('BNSS'), thus, attachment of account is bad in the eye of law. There is no FIR against him. He is not involved in any criminal activity. The respondent has mechanically attached his amount.

Learned counsel for respondent No.3-Bank submits that a sum of Rs.3,233/- is doubted/suspicious which is lying in petitioner's account. He concedes that no civil or criminal proceedings qua amount involved are pending against the petitioner. This Court in identical cases has already ordered to de-freeze bank account in such circumstances. The Bank has no objection if account is de-freezed.

Heard the arguments and perused the record.

From the perusal of record and arguments of both sides, it is evident that no FIR has been registered against the petitioner. No order of attachment under Section 107 of BNSS has been passed by the Magistrate. The respondent has freezed account whereas a sum of Rs.3,233/- has been marked suspicious. Claim of petitioner is genuine and deserves to be allowed. Accordingly, respondent-Bank is directed to de-freeze petitioner's account within 1 week. The petitioner is at liberty to operate his bank account subject to maintaining balance of Rs.3,233/-.

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.

Disposed of in above terms.

Pending Misc. application(s), if any, shall stand disposed of.