O R D E R
1. Delay condoned.
2. The High Court has allowed the respondent(s) Writ Petition and has quashed the debit freezing of the accounts of Writ Petitioner(s) relying on the judgment rendered in the case of Headstar Global Pvt. Limited Vs. State
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of Kerala & Ors. (Crl. MC No.3740/2025 decided on
02.06.2025.
3. Learned ASG appearing for the petitioner would then refer to paragraph nos.-12 and 13 of the order passed by this Court in Suo Moto Writ Petition (Criminal) No.3/2025 wherein the following has been observed/ directed;
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"12. It has also been brought to our notice that insofar as the issue of freezing of bank accounts involved in the digital arrest scams is concerned, there are conflicting views of the Kerala High Court in W.P. (C). No. 38383/2025 titled
"Rasmi K.R. v. NCCRP & Ors." and Nagpur Bench of Bombay High Court in Criminal W.P. 328/2025 titled
"Kartik Yogeshwar Chatur Vs. Union of India & Ors". We have impressed upon the learned Solicitor General of India to see that the Special Leave Petitions are filed in both cases as early as possible, but not later than two weeks. In this regard, necessary assistance may be provided by the learned Amicus Curiae. The Registry is directed that as soon as such SLPs are filed, subject to curing of defects, the same be ordered to be listed before this Court without any delay.
13. In the meantime, we direct
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that wherever any amount lying in a bank account is prima facie traceable to digital arrest or other cybercrimes, as already reported to the State police, the CBI or NCRP portal, the CBI and the State police authorities, with or without FIR, are at liberty to freeze such accounts."
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4. Learned ASG would thus submit that the instant petition has been preferred not only on merits but also in compliance of the observations made by this Court as extracted above.
5. Issue notice.
6. Tag with Suo Moto Writ Petition (Criminal) No.3/2025 after taking appropriate orders from the Hon'ble the Chief Justice of India.
7. In the meanwhile, operation and effect of the impugned order shall remain stayed.
(NISHA KHULBEY) (CHETNA BALOONI)
COURT MASTER(SH) COURT MASTER(NSH)