यहाँ पर एक कोर्ट ऑर्डर का ड्राफ्ट फॉर्मेट दिया गया है जिसका उपयोग आप अपने अधिवक्ता (lawyer) के माध्यम से अदालत में अपना बैंक खाता अनफ्रीज़ करवाने के लिए याचिका दायर करने पर कर सकते हैं। यह एक माननीय सिविल कोर्ट या हाईकोर्ट में दाखिल की जाने वाली याचिका के आदेश का प्रारूप हो सकता है।
🧾 [Court Name]
IN THE HON’BLE [DISTRICT COURT / HIGH COURT] OF [STATE]
[Name of Petitioner]
S/o or D/o [Name]
R/o [Address]
…Petitioner
Versus
-
[Cyber Crime Cell / SHO / Investigating Officer]
Cyber Crime Police Station
[City, State]
…Respondent No. 1 -
[Bank Name] (Through Branch Manager)
Branch: [Branch Name & Address]
…Respondent No. 2
Order
Date: [DD/MM/YYYY]
Case No.: [XXXX]
Heard learned counsel for the Petitioner and perused the case file.
The Petitioner submits that his/her bank account bearing no. [XXXXXXXXXXXX], maintained with [Bank Name, Branch], has been frozen arbitrarily without any prior notice or due opportunity of being heard, on alleged grounds of investigation in a cybercrime.
It is further submitted that the Petitioner is facing grave financial hardship due to the freezing of the said account, as the account is used for legitimate business/personal purposes. The Petitioner has extended full cooperation and is ready to provide any supporting documents or assistance required by the investigating authorities.
The Hon’ble Court is of the opinion that while investigation is an essential process of law, freezing of entire account without limiting it to disputed transaction amount is violative of Article 21 of the Constitution of India, which guarantees the right to life and livelihood.
Accordingly, it is hereby ORDERED:
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The Respondent No. 1 (Cyber Crime Cell) shall file a status report regarding the necessity of holding the entire account within 7 days from the receipt of this order.
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Meanwhile, Respondent No. 2 (Bank) is directed to remove the lien on the amount beyond the disputed sum (if any) and allow operation of the account partially or fully, as may be applicable, subject to the outcome of the investigation.
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In case there is no valid reason submitted within the stipulated time, the entire account shall be unfrozen, and the Petitioner shall be allowed to operate it without restriction.
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The Petitioner is directed to fully cooperate with the investigation and shall not dispose of or transfer any disputed funds, if found involved, without permission of the Investigating Officer.
Order accordingly.
(Signature)
Hon’ble Judge
[District/Bench Name]
[Seal of the Court]
📌 नोट्स:
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यह सिर्फ एक ड्राफ्ट ऑर्डर फॉर्मेट है। इसे कोर्ट में याचिका दायर करने के बाद, माननीय न्यायाधीश के आदेश के आधार पर संशोधित किया जा सकता है।
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इस याचिका को Section 482 CrPC (High Court) या Writ Petition under Article 226 के अंतर्गत भी दायर किया जा सकता है अगर मामला गंभीर है या अधिकारों का उल्लंघन हुआ हो।
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आपको इसके लिए एक अनुभवी बैंकिंग या साइबर अपराध अधिवक्ता की सहायता लेना जरूरी है।
IN THE HON’BLE [DISTRICT COURT / HIGH COURT] OF [STATE]
[Petitioner’s Full Name]
S/o or D/o [Father’s/Mother’s Name]
R/o [Complete Residential Address]
…Petitioner
VERSUS
-
The Station House Officer / Cyber Crime Cell
[Cyber Crime Police Station Name]
[City, State]
…Respondent No. 1 -
[Bank Name] (Through Its Branch Manager)
Branch: [Bank Branch Name & Address]
…Respondent No. 2
ORDER
Date: [DD/MM/YYYY]
Case No.: [XXXX]
The matter is taken up today for hearing. Learned counsel for the petitioner has submitted that the petitioner’s bank account bearing account number [XXXXXXXXXXXX] with [Bank Name, Branch] was frozen without issuing any prior notice, thereby violating the principles of natural justice and the fundamental rights guaranteed under Article 21 of the Constitution of India.
The petitioner has further submitted that the said bank account is being used for personal/business transactions and is essential for his/her daily sustenance. Due to the freeze, the petitioner is unable to meet regular expenses and is suffering financial hardship.
It is also submitted that the petitioner is fully willing to cooperate with the investigation and provide any documents or information required by the investigating officer.
After hearing the submissions and perusal of the preliminary material on record, this Hon’ble Court is of the opinion that the entire account should not be frozen unless specifically justified, and a balance should be maintained between investigation and the livelihood of the petitioner.
Accordingly, it is hereby ORDERED:
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Respondent No. 1 (Cyber Crime Police) is directed to file a detailed status report within 7 (seven) working days justifying the freeze and the amount of money under suspicion.
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Respondent No. 2 (Bank) is directed to remove the freeze on any undisputed amount and allow the petitioner to operate the account partially or fully, depending upon the outcome of the investigation report.
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If no valid justification is provided by Respondent No. 1 within the given time, the entire freeze shall stand lifted automatically and the bank shall restore normal operation of the petitioner’s account.
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The Petitioner shall continue to cooperate with the investigating agency and shall not transfer or withdraw any disputed amount, if specified, without the consent of the investigating officer or prior permission from this Court.
This Court acknowledges the importance of cybercrime investigation but also emphasizes that basic financial rights cannot be denied without lawful justification.
Order passed accordingly.
(Signature)
Hon’ble Judge
[Name of Court & Bench]
[Seal of the Court]
✅ Important Notes:
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This is a draft format only. Your lawyer may modify it based on your case facts and court jurisdiction.
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You should attach supporting documents, such as the cybercrime complaint acknowledgment number, freeze notification from the bank (if any), and details of disputed transactions.
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If this is filed in the High Court, the petition can be under Article 226 for violation of fundamental rights.
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If filed in a lower court, it may be under Section 451/457 CrPC or with reference to Section 482 CrPC (inherent powers of High Court).