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CDJ 2025 Kar HC 2076 print Preview print Next print
Court : High Court of Karnataka
Case No : Writ Petition No. 36734 of 2025 (GM-RES-PIL)
Judges: THE HONOURABLE CHIEF JUSTICE MR. VIBHU BAKHRU & THE HONOURABLE MR. JUSTICE C.M. POONACHA
Parties : Pavan Vijay Sharma Versus The Union Of India , Ministry Of Home Affairs At Kartavya Bhavan, Janpath New Delhi Represented By Its Secretary & Others
Appearing Advocates : For the Petitioner: S. Sudharsan, Advocate. For the Respondents: R1, H. Shanthi Bhushan, DSGI & R2 & R3, Niloufer Akbar, AGA.
Date of Judgment : 11-12-2025
Head Note :-
Constitution of India - Article 226 -

Comparative Citations:
2025 KHC 52459, 2026 (1) KCCR 191,
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India

2. Catch Words:
- mandamus
- public interest litigation
- show cause notice
- bank account freeze
- Standard Operating Procedure (SOP)

3. Summary:
The petitioner filed a writ petition under Article 226 seeking a mandamus directing the Karnataka State and police to frame uniform SOPs for freezing bank accounts in cyber‑crime cases. The petitioner argued that a show‑cause notice should precede such freezes, while the State contended that delays could jeopardise recovery of illicit proceeds. The learned DSGI informed the Court that a draft SOP (NCRP‑CFCFRMS) has already been circulated and will be finalized after stakeholder inputs. Since the respondents are already in the process of framing guidelines, the Court found no ground to intervene at this stage. Consequently, the petition was disposed of, with a clarification that aggrieved parties may still seek remedies under law.

4. Conclusion:
Petition Dismissed
Judgment :-

(Prayer: This writ petition is filed under Article 226 of the Constitution of India praying to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent state and police authorities to formulate, notify and implement uniform guidelines / uniform standard operating procedure (sop) for issuance of bank account freeze orders, debit restrictions and lien markings in cyber- crime cases across the state of Karnataka & etc.)

Oral Order:

Vibhu Bakhru, C.J.

1. The petitioner has filed the present petition as a public interest litigation inter-alia praying the following relief:

                  i. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondent State and police authorities to formulate, notify and implement uniform guidelines / uniform Standard Operating Procedure (SOP) for issuance of bank account freeze orders, debit restrictions and lien markings in cyber-crime cases across the State of Karnataka.

2. The petitioner is essentially aggrieved by the action of the police authorities in freezing the bank accounts of persons in cases where complaints of cyber crime are reported. The petitioner states that a show cause notice is required to be issued before such drastic action. However, the State authorities contended that if time is spent in giving the show cause notice, it may not be possible to recover the proceeds of the crime. In this view the petitioner submits that it is necessary to frame guidelines for freezing of bank accounts.

3. Learned DSGI is present on advance notice and submits that a draft of the Standard Operating Procedure [SOP] for "NCRP- CFCFRMS, Custody, and Restoration of money and Grievance Redressal" has already been circulated to all stakeholders and the said SOP would be finalized after receiving inputs from the stakeholders.

4. Since the respondents have already initiated steps for framing of the guidelines, this Court does not consider it apposite to issue any orders at this stage. The petition is accordingly disposed of.

5. We, however, clarify that this order would not impede any individual or entity whose account is frozen and who may aggrieved, to avail of remedies in accordance with law.
 
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