Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946 WP(C) NO. 5403 OF 2024 PETITIONER:
JIJOR, AGED 41 YEARS, S/O. ARAVINDAKSHAN, 3/94/5, KAILATHUVALAPPIL HOUSE, VIDHYA NAGAR, PADUKKAD THURUTHU, THRISSUR, PIN - 680010 BY ADV VISHNUPRASAD NAIR RESPONDENTS:
1 UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI REPRESENTED BY ITS HOME SECRETARY, PIN - 110001 2 INDIAN CYBERCRIME COORDINATION CENTRE REPRESENTED BY ITS CEO 5TH FLOOR, NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI, PIN - 110001 3 THE RESERVE BANK OF INDIA REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI, BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA-, PIN - 695033 4 THE FEDERAL BANK, THRISSUR BRANCH (FDRL0001272) ALKA BUILDING, ROUND NORTH, THRISSUR, REPRESENTED BY BRANCH MANAGER, PIN – 680001 Addl.R5 CYBER CRIME CELL (LEA), CRIME BRANCH, UP POLICE COMMISSIONER, AGRA, UTTAR PRADESH.
(Suo motu impleaded as per order dated 24.07.2024) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5403 OF 2024 2 JUDGMENT When this matter was called today, the learned counsel for the parties submitted that the facts of this case are similar and analogous, as noticed by this Court in the judgment in W.P.(C) No.5400/2024.
2. Sri.Vishnuprasad Nair - learned counsel for the petitioner, in fact, requested that this case be disposed of in terms of the directions therein. He pointed out that this is a case where the requisition from the Police does not contain a specific figure; and that it is exactly the same scenario noticed by this Court in the writ petition covered by the afore judgment.
In the afore circumstances, I dispose of this writ petition with the following directions:
(a) The respondent Bank is directed to immediately issue a request to the Investigation Authority/Police Authority and seek the amount which is required to be kept in freeze or held in lien in the account of the petitioner. This shall be done by the Bank within a period of one month from the date of receipt of a copy of this judgment.
(b) In the event that the Investigating Officer/Police Authority responds to the afore requisition and mentions a
WP(C) NO. 5403 OF 2024 3 particular amount, as being the sum that is required to be kept frozen or held in lien, then the respondent Bank will confine the freeze/lien to such an extent and allow the petitioner/account holder to deal with his account and transact therein beyond that limit.
(c) On the contrary, if no information is received from the Police Authority/Investigating officer within a period of two months from the date on which the afore requisition was made by the respondent Bank, then they will allow the petitioner/account holder to transact fully in his account, notwithstanding the debit freeze requisition, subject to any further information to be received from the Police Authority/Investigating Officer in future.
(d) As an alternative, if the response from the Police Authority/Investigating Officer is that the entire account be frozen for any reason that is mentioned therein, then the Bank will inform the petitioner/account holder accordingly and continue the freeze in such a manner for a further period of eight months thereafter.
(e) If, after a period of eight months, the requisition made by the Police Authorities - either to a particular sum or the full amount in the account of the account holder - is not withdrawn, then the petitioner/account holder will be at full liberty to
WP(C) NO. 5403 OF 2024 4 approach this Court again; for which purpose, all contentions in this writ petition are reserved to him to be impelled in future.
Sd/- DEVAN RAMACHANDRAN JUDGE stu
WP(C) NO. 5403 OF 2024 5 APPENDIX OF WP(C) 5403/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE ISSUED BY GOVERNMENT OF INDIA DATED 13/09/2023 IN FAVOUR OF THE PETITIONER'S FIRM Exhibit P2 A TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER'S CURRENT ACCOUNT DATED 16/1/2024