COURT ON ITS OWN MOTION vs STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 08th December,2025 + CRL.REF. 13/2025 COURT ON ITS OWN MOTION .....Petitioner Through: None. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP for the State. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT 1. The present Criminal Reference under Section 436 of Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as ‘BNSS’) has been received from the court of learned Judicial Magistrate-08, West Delhi District, Tis Hazari Courts, Delhi, (hereinafter referred to as ‘Referral Magistrate’) and the reference is sought on the following six points:- “1. Whether banks / financial institutions are compelled to release the amount in cyber complaints on first come first serve basis or on the basis of earlier complaint or on the basis of earlier order of the court ? 2. Whether banks / financial institutions can be compelled by the court to release the amount in the fraudster's account despite lien not being created due to technical error? 3. Whether the innocent citizens in whose account the fraudsters has sent the money to save his skin or for any other reason, should approach the court where his account is created or where the complaint is lodged by the complainant? 4. Whether the IO or the State can create lien above the first layer without intimation to the account holders? 5. When the release order has been passed by the court then what mechanism is available with the criminal court to enforce Signature Not Verified Digitally Signed CRL.REF. 13/2025 1 By:SONIA THAPLIYAL Signing Date:09.12.2025 15:12:19 such an order if the bank/financial institution fail to comply with the same? 6. Whether the procedure of the state in free