PAWAN KUMAR SINGHANIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This matter as per order dtd. 1/4/2025, is being heard today on the question of maintainability which has been raised by the respondent No. 4, who is represented herein by Mr. A. Kumar, learned Senior counsel assisted by Ms. R. Colney, learned counsel.

(2.) Before alluding to the submissions advanced by the parties, in brief the facts are that against the freezing of his current bank account being Number 00000040727353645, held with the State Bank of India, the writ petitioner has assailed the same, by way of the instant writ petition. The grounds set forth are that the petitioner is in no way connected with any alleged fraud, and the payments credited to his account by a 3rd party was for goods, which had been supplied to the pro forma respondent, who had instructed the 3rd party to make such payment. Further, the writ petitioner has contended that though the purported amount in question is only of Rs.5.21 Lakhs, the respondent State Bank has frozen the entire bank account, which has severely affected the business of the petitioner.

(3.) Mr. A. Kumar, learned Senior counsel assisted by Ms. R. Colney, learned counsel for the respondent No. 4, has submitted that the writ petition is not maintainable for want of jurisdiction, and that a criminal investigation is pending against the petitioner, registered under Sec. 419, 420 IPC and 66(D) of the Information and Technology Act, in Cyber Police Station in Crime No. 23 of 2023, P.S. Thane, Wardha Cyber Police, Thane, Maharashtra. It is further submitted that the SBI account of the petitioner in the name of 'Pawan Store' is part of a money trail involved in the abovementioned case, and that the said account operated by the petitioner is also involved in other similar matters, as reflected in the National Cyber Crime Reporting Portal. In this regard, it is submitted that directions have been issued to the State Bank of India to freeze the account of the petitioner, as the same had been used to receive the proceeds of crime and also to fund illegal operations.