Citing Roman Jurist Cicero, Delhi High Court Orders Defreezing Of Bank Account Frozen On Cyber Crime Complaint Without FIR

The Delhi High Court has directed the HDFC Bank to immediately defreeze bank account of a man whose account had been frozen following a complaint from the Cyber Police Station in Vadodara, Gujarat, observing that continued seizure of the account without any FIR, accusation or material connecting him to an offence was wholly arbitrary and unsustainable in law. Citing Roman jurist Cicero, Justice Purushaindra Kumar Kaurav said that a bank account is not just a place to keep money but is the very essence of an individual's economic existence. The Court passed the order while dealing with a plea filed by one Tushar Verma, whose savings bank account with HDFC Bank was first partially frozen and later subjected to a complete debit freeze. “Cicero, the Roman jurist and philosopher, once declared: "So-and-so is innocent; but although he is free from guilt, he is not free from suspicion." That is precisely the petitioner's situation. His account is frozen and his money is stuck, but there is no accusation, no FIR, and no judicial order against him,” the Court said. As per the case, Verma had received Rs.87,694 from his brother on November 8, 2024. Subsequently, on January 16, 2025, HDFC Bank marked a lien of Rs. 41,896.92 on the basis of a complaint received from the Cyber Police Station, Vadodara City. The freeze was later extended to the entire remaining balance on March 22 and April 18, 2025. Verma argued that no FIR was registered against him and that he had neither been summoned nor arrayed as a suspect in any investigation. His application before the Metropolitan Magistrate at Tis Hazari Courts seeking relief was dismissed for lack of jurisdiction, following which he approached the High Court. During the hearing, the counsel appearing for HDFC Bank submitted that the freeze had been imposed solely on the basis of a communication received from the Gujarat Cyber Crime authorities. Allowing the plea, the Court noted that despite service, the investigating agency- Cyber Police Station had chosen to remain silent and did not file any reply. “This continued inaction, coupled with the absence of any material to connect the petitioner to any offence, renders the freezing of his account wholly arbitrary and unsustainable in law,” the Court said. It added that in the absence of there being any justification by the Cyber Crime, Gujarat, the continuing seizure of the Verma's account was uncalled for. The bank has also not produced any order from a competent court authorising the debit freeze, the Court noted.The Court further observed that freezing the account without accusation, FIR or judicial order causes serious impediments to the right to life. Accordingly, the Court directed the bank to immediately defreeze Verma's account while directing him to cooperate with any future investigation or inquiry.Title: TUSHAR VERMA v. UNION OF INDIA & ORSClick Here To Read Order

Citing Roman Jurist Cicero, Delhi High Court Orders Defreezing Of Bank Account Frozen On Cyber Crime Complaint Without FIR

Nupur Thapliyal

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Citing Roman Jurist Cicero, Delhi High Court Orders Defreezing Of Bank Account Frozen On Cyber Crime Complaint Without FIR

Nupur Thapliyal

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