Bombay High Court
Vaibhav Sanjay JainversusUnion of India
- Decided
- Disposal
- Disposed Off
Holding
The High Court held that the cause of action lies in Kerala and dismissed the petition, directing the petitioner to approach the appropriate jurisdictional court in Kerala.
Summary
The petitioner, Vaibhav Sanjay Jain, challenged the attachment of his bank account, which was ordered in connection with a crime registered by the Thiruvananthapuram Police Department, Kerala. The attachment was effected under a notice issued under Section 149 of the Criminal Procedure Code by the Superintendent of Police, Cyber Operations, Kerala, and directed to ICICI Bank. The petitioner filed a writ petition in the Bombay High Court seeking relief from the attachment. The Court examined whether it had jurisdiction to entertain the petition given that the underlying criminal investigation and notice originated in Kerala. It held that the cause of action and the appropriate forum lie in the State of Kerala, and therefore the petition could not be entertained by the Bombay High Court. Consequently, the petition was disposed, directing the petitioner to approach the appropriate jurisdictional court in Kerala.
Issues considered
- Whether the High Court of Bombay has jurisdiction to entertain a writ petition challenging the attachment of a bank account under CrPC Section 149 arising from a crime investigated by the Kerala Police.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 149
Subjects
- jurisdiction
- CrPC Section 149
- bank account attachment
- writ petition
- cyber crime
Judgment
apn 26-criwp-4823-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 4823 OF 2026
Vaibhav Sanjay Jain … Petitioner
V/s.
Union of India & Ors. … Respondents
Mr. Hardik G. Sharma for the Petitioner.
Smt. M. H. Mhatre, APP for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 22nd September, 2026
P.C.:-
1) According to us, the entire cause of action of attachment of the
Digitally
signed by
ASHWINI
ASHWINI PRASAD
PRASAD NARHIRE
bank account of the Petitioner, in furtherance of crime registered with State
NARHIRE Date:
2026.09.29
12:43:38
+0530
Thiruvananthapuram Police Department, Kerala is within the jurisdiction of
State of Kerala. In fact, the notice under Section 149 of the Criminal
Procedure Code has also been issued by the Superintendent of Police, Cyber
Operations of the said department to the ICICI Bank.
2) In view thereof, by reserving the Petitioner’s remedy to
approach appropriate jurisdictional Court in the State of Kerala, Petition is
disposed off.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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