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Delhi High Court Orders HDFC to Unfreeze Account Frozen Without FIR

The ruling underscores due process by requiring a formal case or court order before banks block access to funds.

Overview

  • The Delhi High Court, which delivered its judgment on May 4, ordered HDFC Bank to lift the freeze on Tushar Verma’s savings account.
  • The judge said a bank account cannot be blocked without an accusation, a First Information Report, or a judicial order linking the holder to an offence.
  • The case record shows the bank first marked a lien on January 16, 2025 after a cybercrime complaint from Vadodara, then extended the freeze to the full balance on March 22 and April 18, 2025.
  • The court noted the Vadodara Cyber Police filed no reply despite service, and HDFC produced no court order authorizing the debit block.
  • The court framed access to bank funds as part of the right to life and told the petitioner to cooperate with any future inquiry, a stance that could push police and banks to seek formal approval before freezing accounts in cyber cases.