DISTRICT : South 24
Parganas.
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No. of
2025;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
In
the matter of:
Bikash Giri,
son of Sajal Giri, aged about 32 years, residing
at Village & Post Office - Nagendrapur, Police Station - Joynagar,
Pin – 743383, District South 24 Parganas, Mobile No. : 8617859206,
Email : octafx.beone@gmail.com
;
……Petitioner
-Versus-
1.
State of West Bengal, service through
the Secretary, Home Department, Government of West Bengal, Nabanna, Howrah –
711102.
2.
Union of India,
service through the Secretary, Ministry of Finance, having its Office at Jeevan
Deep Building, Sansad Marg, New Delhi – 110001.
3.
Reserve Bank of
India, service though the Secretary, Banking Division, having its office at
Premises being no. 15,
Netaji Subhas Rd, Fairley Place, B.B.D. Bagh, Kolkata – 700001.
4.
Cyber Crime Police Station, Baruipur
Police District,
Through its Officer-in-Charge,
Office of the Superintendent of Police, Zilla Parishad Bhawan, Kulpi Road,
P.O. & P.S. Baruipur, District – South 24 Parganas,
Kolkata – 700 144. Mobile No.:
9147888035, Email : cyber-s24pgs@policewb.gov.in
5.
Cyber Crime Cell, Kaithal, Haryana, Through its
Officer-in-Charge, 1st Floor, PS Civil Line, Sec 21 HUDA,
Kaithal – 136027, Haryana. Email : shokaithalcity-hry@nic.in Mobile :
9053052110.
6.
Axis Bank Limited, Through its Branch Manager, Jaynagar Branch, No. 16, Thana
Cross Road, Jaynagar Mazilpur, Jaynagar, West Bengal – 743337. Email : email.services@axisbank.com
7.
Bitget Cryptocurrency Exchange, Through the
Legal/Compliance Officer, Email: support@bitget.com / legal@bitget.com
having its Office at Singapore Bitget Pte. Ltd. 10, Ubi
Crescent, #05-23, Ubi Techpark, Singapore – 408564, and also at 11, Collyer
Quary #14-01&02, The Arcade, Singapore 049317, though the High Commission
of India in Singapore, having its Office at Premises being No. 31, Grange Road,
Singapore 239702, nearest MRT : Somerest and Orcharad MRT Station, Whatsapp :
+65 87778589. +65 9451 9814.
……..Respondents
To
The Hon’ble Soumen
Sen, Chief Justice (Acting) and His Companion Justices of the said Hon’ble
Court.
The humble petition of the petitioner above named most respectfully;
SHEWETH:
1. That
The Petitioner is
a law-abiding citizen and residing at his permanent address given in the cause
title of this application.
2. That the Petitioner is bona
fide user of the Bitget Cryptocurrency Exchange, who maintains a Savings Bank Account No. 917010020213437, Customer ID 872949359 with Axis Bank, Jaynagar Branch, IFSC: UTIB0001792.
3. That on 21st June 2025,
the Petitioner executed a lawful peer-to-peer (P2P) transaction on Bitget Exchange, selling USDT (Tether)
cryptocurrency against receipt of consideration in Indian Rupees through bank transfer (IMPS/NEFT).
4. The Petitioner verified receipt
of funds (Transaction ID: RTGS/YESBR 12025062100021561 /
KALOOR FOOD ENTERPRISE / YES BANK / CREDIT 202506211446321577) before releasing the USDT
tokens to the buyer, as per standard P2P protocol.
5. That however, on the same day,
the Petitioner received an SMS from Axis Bank informing him that his account
had been frozen. On enquiry, the Petitioner
was informed that the freezing was done pursuant to an email direction received
from Cyber Crime Cell, Kaithal,
Haryana,
alleging fraudulent origin of funds.
Photostat copy of the Bank
Statement showing freezing of the Saving Bank account, is annexed herewith and
marked as Annexure – “P-1”
6. The Petitioner has since
submitted all transaction documents, order screenshots, and a screen-recorded
video of the transaction to the concerned authorities to establish his bona
fides. Despite such cooperation, his account continues to remain frozen,
causing grave financial hardship, mental
harassment, and deprivation of property without authority of law.
Photostat copies of email
communications and all transaction documents, order screenshots, are collectively
annexed herewith and marked as Annexure – “P-2”.
Crave leave to produce screen-recorded
video of the transaction, at the time of hearing before the Hon’ble Court.
7. That the petitioner wrote entire
facts to the concerned respondent by his letter dated 5th day of
August’ 2025, and thereby seeks resolutions, though nothing yield yet.
Photostat copy of the said
letter dated 5th day of August’ 2025, with postal receipts and track
reports are annexed herewith and marked as Annexure – “P-3”.
8. That the Petitioner served a
notice on the concerned respondent through his Learned advocate by way of
Notice dated 5th day of August’ 2025, though the concerned
respondent did not do anything and not even answer on the said notice, till the
day placing this application.
Photostat copy of the said
notice dated 5th day of August’ 2025, with postal receipts and track
reports are annexed herewith and marked as Annexure – “P-4”.
9. That this transaction has now
placed the Petitioner under suspicion, caused mental harassment, financial
loss, and unlawful deprivation of access to
his bank account, despite acting in full compliance with
Bitget’s protocols and directions.
10.
That
the Petitioner has already contacted Bitget’s support, attached the transaction
screenshots, bank statements, and even a video clip of the entire P2P
transaction. However, no meaningful assistance or redressal has yet been
offered to him.
11.
That
the failure of Bitget to prevent fraudulent
actors from operating through its platform and its lack of response to assist an innocent user has resulted
in undue harassment to the Petitioner. Moreover, Bitget appears to have not conducted proper KYC or due diligence on the buyer
who used third-party funds, in clear violation of P2P guidelines, RBI norms,
and international AML compliance protocols.
12.
That being aggrieved by and
dissatisfied with the impugned actions by the respondent authorities, and/or
inaction on the part of the respondents, the petitioners beg to move before
Your Lordship on
the following, amongst other, grounds –
GROUNDS
That the petitioner craves leave to urge the following
grounds, without prejudice to one another:
I.
For that The
freezing of the Petitioner’s bank account without notice, hearing, or judicial
order is arbitrary, violative of Article 300A (right to property) and Article 19(1)(g) (right to trade and occupation) of the Constitution;
II.
For
that neither Axis Bank nor Cyber Crime authorities have furnished the
Petitioner with a copy of the complaint, FIR, or lawful order justifying such
freezing. The action is therefore in violation of the principles of natural justice;
III.
For
that Cyber Crime Cell, Kaithal, Haryana, has mechanically directed freezing of
an account situated in West Bengal without following due process prescribed
under the Code of Criminal Procedure (CrPC) BNSS, 2023, and RBI’s Master Directions on Know Your Customer (KYC) & account
freezing protocols;
IV.
For
that the Petitioner is an innocent victim of circumstances, having acted in
good faith as per global P2P protocols. The wrongful freezing has exposed him
to harassment, loss of livelihood,
and reputational damage;
13.
That this Writ Petition is filed
under Article 226 of the Constitution for unfreeze the Petitioner’s Savings Account No.
917010020213437 with Axis Bank, Jaynagar Branch.
14.
That the petitioner
has no other efficacious remedy except approaching this Hon’ble Court under
Article 226 of the Constitution of India;
15.
That your petitioner
has no alternative suitable remedy elsewhere and the reliefs as prayed for, if
are granted would be complete for your petitioner.
16.
That Pending disposal of this writ petition, the
Petitioner prays for an interim order directing Axis Bank (Respondent No. 4) to
allow debit/credit
transactions in the Petitioner’s account so that he may carry
on his livelihood.
17.
That on the selfsame
cause of action your petitioner has not moved any other writ petition.
18.
This application is
made bonafide and for the ends of justice.
In the premises aforesaid your petitioner most humbly prays
for the following orders:-
a)
A writ in the nature
of Mandamus directing the Respondents to forthwith unfreeze
the Petitioner’s Savings Account No. 917010020213437 with Axis Bank, Jaynagar
Branch;
b)
A writ in the nature
of Certiorari asking the respondent authorities to produce records related to
the instant case before this Hon’ble Court for proper adjudication;
c)
Restrain the Respondents from taking any coercive steps
against the Petitioner pursuant to the impugned action;
d)
Declare the freezing of the Petitioner’s account as arbitrary, illegal, and
violative of Articles 14, 19(1)(g), and 300A of the Constitution of India;
e)
Rule NISI in terms
of prayer (a), (b) (c) & (d) herein above;
f)
Pass an order directing the Respondents to compensate the Petitioner for
harassment, financial hardship, and unlawful deprivation of property;
g)
Pending Writ Petition, directing Axis Bank (Respondent No.
4) to allow debit/credit
transactions in the Petitioner’s account so that he may carry
on his livelihood;
h)
Cost;
i)
To pass such other
or further order orders as Your Lordship may deem fit and proper;
And your petitioner,
as in duty bound, shall ever pray.
AFFIDAVIT
I, Bikash Giri, son of Sajal Giri, aged about 32 years, by faith Hindu, by Occupation Business, residing at Village & Post Office - Nagendrapur, Police Station - Joynagar, Pin – 743383, District South 24 Parganas, do hereby solemnly affirm and say as follows:
1. That I am the petitioner in the present
Writ application. I am well acquainted & conversant with the facts and
circumstances of the case. I am competent to swear this affidavit.
2.
That the statements
made in paragraph No. 1, 2, 3, 4, 5, & 6, are true to my knowledge and
those made in paragraphs 7, & 8, are
true to my information derived from the records of the case and rest paragraphs
are my respectful submission before this Hon’ble Court.
Prepared in my
office The
deponent is known to me
Advocate Clerk to: Mr. Advocate
Solemnly affirmed
before me
on this the day of September, 2025.
I certify that all
annexures
are legible.
Advocate.
COMMISSIONER
DISTRICT : South 24
Parganas.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2025;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Bikash Giri.
………..Petitioner
-Versus-
The State of West Bengal
& Ors.
……Respondents
WRIT PETITION
MISS.
PRITILATA SARDAR
Advocate
C/o.
Sanjib Bandyopadhyay, Advocate, Bar Association, Room No.14, High Court,
Calcutta. Enrollment No. F/4629/4817/2024.
Mobile Number : 8101750703, E-mail : pritilatasardar75@gmail.com
DISTRICT : South 24
Parganas.
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No.
of 2025;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
Subject matter relating to-
Under Group IX , Head , of the Classification List;
Cause title
Bikash Giri.
………..Petitioner
-Versus-
The State of West Bengal & Ors.
……Respondents
Advocate-on-Record
MISS.
PRITILATA SARDAR
Advocate
C/o.
Sanjib Bandyopadhyay, Advocate, Bar Association, Room No.14, High Court,
Calcutta. Enrollment No. F/4629/4817/2024.
Mobile Number : 8101750703, E-mail : pritilatasardar75@gmail.com
DISTRICT : South 24
Parganas.
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No.
of 2025;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
In the matter of:
Bikash Giri.
………..Petitioner
-Versus-
The State of West Bengal & Ors.
……Respondents
Index
|
Sl. No. |
Description of Documents |
Annexure |
Page No. |
|
1. |
Writ Petition; |
|
1 to |
|
2. |
Photostat copy of
the Bank Statement showing freezing of the Saving Bank account; |
“P-1” |
|
|
3. |
Photostat copies
of email communications and all transaction documents, order screenshots; |
“P-2” |
|
|
4. |
Photostat copy of
the said letter dated 5th day of August’ 2025, with postal
receipts and track reports; |
“P-3” |
|
|
5. |
Photostat copy of
the said notice dated 5th day of August’ 2025, with postal
receipts and track reports; |
“P-4” |
|
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A.
No. of 2025;
In
the matter of:
An
application under Article 226 of the Constitution of India;
And
In
the matter of:
Bikash Giri.
………..Petitioner
-Versus-
The State of West Bengal
& Ors.
……Respondents
SYNOPSIS
The Petitioner, a bona fide
user of Bitget Cryptocurrency Exchange, lawfully sold USDT on 21.06.2025
through P2P mode and released tokens only after receiving funds in his Axis
Bank account; yet, immediately thereafter, the said account was arbitrarily
frozen by Axis Bank solely on the basis of an informal email from the Cyber
Crime Cell, Kaithal, Haryana, without jurisdiction, without any lawful order
under the Bharatiya Nagarik Suraksha Sanhita, 2023, without notice or hearing, and
in complete disregard of RBI guidelines and principles of natural justice,
thereby depriving the Petitioner of access to his own lawfully earned money,
causing grave financial hardship and harassment, and violating his fundamental
and constitutional rights under Articles 14, 19(1)(g) and 300A, for which he
now invokes the writ jurisdiction of this Hon’ble Court seeking immediate
unfreezing of his account, declaration of illegality of the impugned action,
and consequential reliefs.
LIST OF DATES
21.06.2025
– Petitioner
executed a lawful P2P transaction on Bitget Exchange, sold USDT, and received
funds in Axis Bank account before releasing tokens.
21.06.2025 (same day)
– Axis Bank informed Petitioner
via SMS that his account had been frozen pursuant to an email from Cyber Crime
Cell, Kaithal, Haryana.
22.06.2025 onwards
– Petitioner submitted
transaction details, screenshots, and video recording to concerned authorities,
establishing bona fides.
05.08.2025
– Petitioner
wrote to concerned respondents narrating facts and seeking resolution.
(Annexure P-2).
05.08.2025
– Petitioner,
through Advocate, issued legal notice to respondents seeking immediate
unfreezing. (Annexure P-3).
Till date
– No
action taken by respondents; Petitioner continues to suffer financial hardship
and deprivation of property.
DISTRICT : South 24
Parganas.
IN THE HIGH COURT AT
CALCUTTA
CONSTITUTIONAL WRIT
JURISDICTION
APPELLATE SIDE
W.P.A. No. of 2025;
In the matter of:
An application under Article 226 of the Constitution of
India;
And
In the matter of:
Bikash Giri.
………..Petitioner
-Versus-
The State of West Bengal & Ors.
……Respondents
LIST OF DATES
21.06.2025
– Petitioner
executed a lawful P2P transaction on Bitget Exchange, sold USDT, and received
funds in Axis Bank account before releasing tokens.
21.06.2025 (same day)
– Axis Bank informed Petitioner
via SMS that his account had been frozen pursuant to an email from Cyber Crime
Cell, Kaithal, Haryana.
22.06.2025 onwards
– Petitioner submitted
transaction details, screenshots, and video recording to concerned authorities,
establishing bona fides.
05.08.2025
– Petitioner
wrote to concerned respondents narrating facts and seeking resolution.
(Annexure P-2).
05.08.2025
– Petitioner,
through Advocate, issued legal notice to respondents seeking immediate
unfreezing. (Annexure P-3).
Till date – No
action taken by respondents; Petitioner continues to suffer financial hardship
and deprivation of property.
POINTS OF LAW
1. Whether the freezing of the
Petitioner’s bank account without prior notice, opportunity of hearing, or
judicial order is violative of Articles 14, 19(1)(g), and 300A of the Constitution of India?
2. Whether Cyber Crime Cell,
Kaithal, Haryana, has jurisdiction to direct freezing of a bank account located
in West Bengal without following the procedure prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)?
3. Whether the action of Axis Bank
in freezing the Petitioner’s account solely on the basis of an email direction,
without independent verification or lawful authority, is sustainable in law?
4. Whether failure to provide the
Petitioner with a copy of FIR/complaint/order violates the principles of natural justice?
5. Whether blanket freezing of the
Petitioner’s entire bank account, without proportionality or time limitation,
amounts to arbitrary and excessive exercise
of power?
6. Whether Bitget Exchange, as an
intermediary, owed a duty of due diligence and KYC compliance, and whether its
failure can shift liability onto an innocent user like the Petitioner?
7. Whether the continued freezing
of the Petitioner’s account despite his cooperation and production of
transaction records amounts to harassment, deprivation of
property, and denial of livelihood?
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