1. Heard Ms. S. Deb(Gupta), learned counsel appearing for the petitioner.

2. By means of filing this writ petition, the petitioners have prayed for the following reliefs:

               “i) Admit the Petition;

               ii) Call for the records from the custody of the respondents;

               iii) Issue a Writ of Memorandum, directing the Respondents to defreeze the Petitioner’s Current Account bearing No. 208310200000949 with IDBI Bank, Rangutia, Amarpur, Gomati Tripura, IFSC Code-IBKL0002083;

               iv) Grant interim relief permitting operation of the bank account during pendency of the present petition;

               v) After hearing the parties be pleased to make the rule absolute.”

3. The facts of the case, lies in a narrow compass, is that the after obtaining certificate from YES Bank and IndusInd Bank had been running a Customer Service Point (CSP) at Amarpur whereby she provides CSP service such as cash deposit and cash withdrawal through UPI and M-ATM facilities to the customers in the locality, and for that purpose she had a current Account with the respondent No.6. On 11.04.2024 through an e-mail from respondent no. 6 came to learn that her aforesaid Current Account had been frizzed by the respondent no.6-Bank which according to the petitioner was without any prior intimation or without obtaining any clarification from her side. The petitioner also received a Cyber Crime Report regarding a complaint lodged on the basis of fraud calls and UPI transactions. It is the further case of the petitioner that the freezing of the account was linked to a transaction dated 02.07.2023 wherein a sum of Rs.35,000/- was deposited in her account through UPI ID of one Maloy Joy Reang, which the petitioner had disbursed on the very said day to the customer. It is further case of the petitioner that no FIR has been registered against her nor she has been noticed till date to establish her involvement with any criminal offence. The petitioner submitted her application to the respondent no.6, but no decision has been communicated to her till date. Having no option, the petitioner served legal notice upon the respondent nos. 5 and 6 with a prayer to defreeze her account but in futile, and the same crippled her livelihood. Since the action of the respondents is arbitrary and violative of principle of natural justice, the petitioner has approached this Court for redress.

4. The contention of Ms. Deb(Gupta), learned counsel appearing for the petitioner is that the petitioner has no link with any criminal offence and her account has been freezed without any lawful authority. It has been further argued that despite lapse of long period, no FIR has been registered against the petitioner which clearly establish that her account has been arbitrarily freezed. It is further submitted that the petitioner has no knowledge or she does not know the complainant in any manner. Learned counsel further submits that the amount which was linked to a transaction was already disbursed to the said person. Learned counsel further submits that for a considerable period no proceeding has been initiated against her to establish her involvement in any criminal matter. It was further argued by the learned counsel that prior to freezing the account, the petitioner was not provided with any opportunity to place her grievance or she was afforded with any opportunity of being heard on the contrary, the respondent no. 5 and 6 arbitrarily freezed her account causing deprivation of her legitimate right. Learned counsel further argued that the petitioner made several communications with the respondent no. 5 and 6, but despite receipt of the communications, the respondent nos. 5 and 6 did not take any endeavour to defreeze the account of the petitioner, and finding no other alternative, the petitioner sent a legal notice to the respondent nos. 5 and 6 on 10.02.2025 with certain reliefs, but till date the same was not addressed to. In fine, learned counsel has urged for a direction upon the respondent nos. 5 and 6 to defreeze the account of the petitioner.

5. This court has perused the record and also has gone through the correspondences made therein. It is evident that a complaint was lodged by one Saidab Alam regarding UPI related frauds on 03.07.2023 with Kolkata police, and the respondent No.6, on 11.04.2024, by an e-mail intimated the petitioner that on receipt of a complaint from Cyber police, the account of the petitioner has been freezed and the respondent no.6-Bank expressed their inability to defreeze the account of the petitioner until and unless No-Objection certificate is obtained from Cyber Cell authorities. Subsequently, on 07.11.2024, the petitioner by her communication requested the respondents to unlock her current account on the basis of the pleas taken by her in her application. Despite receipt of the communication dated 07.11.2024, the respondents did not acted upon it. Having no other option, the petitioner on 10.02.2025 served a legal notice upon respondent no. 5 with a copy forwarded to respondent No.6, wherein she has vividly described the entire episode and thereby prayed for defreezing her Current Account. Despite receipt of the legal notice, the respondents did not respond.

6. From the record it is seen that a complaint with regard o UPI fraud was lodged on 03.07.2023 consequent to which rationally or irrationally the account of the petitioner was freezed by respondent no.6 since 11.04.2024. After lodging of the complaint involving the petitioner with cyber crime, according to the investigating agency, there was some suspicious transaction through UPI account of the petitioner which led to freezing of the account of the petitioner. Even on suspicion, the bank authority is authorized to freeze the account immediately without affording any opportunity of being explained. Section 106 of the BNSS, 2023 empowers the investigative agencies the authority to seize 'any property'—including bank accounts—that they believe may be connected to any illegal or suspicious activity.

7. The petitioner in her petition has averred that she is an aged lady and due to freezing of her account, she is facing day to day consequences in her business and livelihood. The petitioner also has averred that she has approached the respondent Nos. 5 and 6 by her representation dated 07.11.2024 and legal notice dated 10.02.2025. Since the matter is under investigation, this court is not inclined to enter into merits of the case. However, on good conscious, this court believes that the respondent No.1 to 5 would conclude the investigation at the earliest.

8. Accordingly, without entering into merits of the case, this court directs the respondent Nos. 1 to 5, to act upon the requests made by the petitioner through her representation dated 07.11.2024 and legal notice dated 10.02.2025, and then, communicate their decision as expeditiously as possible, preferably within a period of 1(one) month from the date of receipt of the copy of this Order.

In the light of above direction, the instant writ petition stands disposed.

Pending application(s), if any, also stands disposed.