Noushad V vs. Union Of INDIA
Held
The Court directed the bank to confine the freeze only to the amount specified by the police authorities. It mandated the police to inform the bank whether the freeze needs to continue and if the seizure has been reported to the jurisdictional Magistrate. If no such intimation is received by the bank within two months, the freeze must be lifted.
Facts
The petitioner's bank account was frozen by the respondent bank based on requisitions from police authorities, with a lien of Rs. 1,96,000/-. The petitioner challenged this action as illegal and arbitrary, seeking to lift the freeze on the account.
Key Issues
The key legal issues concerned the legality and procedural requirements for freezing bank accounts by police authorities, specifically regarding the extent of the freeze and the mandatory reporting of such seizures to a Magistrate.
Sections Cited
Section 102 of the Code of Criminal Procedure, Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023
AI-generated summary — verify with the full judgment below
2025:KER:29338 W.P.(C.) No.24351 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 24351 OF 2024 PETITIONER: NOUSHAD V AGED 35 YEARS S/O SHAMSUDHEEN, VADAKKETHODIKA, KOZHIPARAMB, THIRUVALI, PUNNAPPALA, MALAPPURAM, KERALA, PIN - 679328 BY ADVS. SIDHARTH O. SUSANTH SHAJI ALBIN A. JOSEPH RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI, PIN - 110001 2 RESERVE BANK OF INDIA REPRESENTED BY ITS, GENERAL MANAGER BRANCH OFFICE BANERJI ROAD ERNAKULAM NORTH, KOCHI, PIN - 691310 3 FEDERAL BANK LIMITED FEDERAL TOWERS, BANK JUNCTION, ALUVA, ERNAKULAM DISTRICT. REPRESENTED BY ITS MANAGING DIRECTOR,, PIN - 683101 4 BRANCH MANAGER, THE FEDERAL BANK LTD., WANDOOR BRANCH,
2025:KER:29338 W.P.(C.) No.24351 OF 2024 2 PRIYANKA AVENUE, NILAMBUR ROAD, WANDOOR, MALAPPURAM DISTRICT, PIN - 679328 5 CYBER CRIME UNIT, TELANGANA POLICE, CYBERABAD COMMISSIONER OFFICE, GACHIBOWLI, HYDERABAD, TELANGANA, PIN - 500032 6 ADDL. R6. STATION HOUSE OFFICER, VIDYA NAGAR POLICE STATION ANAND, GUJARAT, PIN-388120 7 ADDL. R7. STATION HOUSE OFF
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