Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 WP(C) NO. 18417 OF 2024 PETITIONER:
AIKON INFOSERVE 12/590/V,W,X, MEACHEERI TOWER, OPPOSITE POST OFFICE, RS ROAD, THUVOOR, MALAPPURAM REPRESENTED BY ITS PROPRIETOR SREEJITH P, PIN - 673327 BY ADVS.
EBIN MATHEW P.J.MATHEW AKHILA SHOJI JAEONA JAMES RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110001 2 RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI, MAHARASHTRA, PIN - 400029 3 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY- 8,MAHIPALPUR,NEW DELHI, PIN - 110037 4 SENIOR SUPERINTENDANT OF POLICE,KAPURTHALA OFFICE OF SENIOR SUPERINTENDENT OF POLICE NEW COURT COMPLEX, KARTARPUR ROAD, KAPURTHALA,PANJAB, PIN - 144601 5 STATION HOUSE OFFICER STATION HOUSE OFFICER, DAKHA LUDIANA RURAL POLICE STATION MULLANPUR DAKHA,PANJAB-, PIN - 141101 6 CYBER CRIME POLICE STATION, ALAPPUZHA, MUKHAM PURAYIDOM, CIVIL STATION WARD, ALAPPUZHA, KERALA REPRESENTED BY STATION HOUSE OFFICER, PIN – 688012
WP(C) NO. 18417 OF 2024 2 7 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014 8 HDFC BANK, PERINTHALMANNA BRANCH SREE COMPLEX, CALICUT ROAD,PERINTHALMANNA,MALAPPURAM REPRESENTED BY ITS BRANCH MANAGER, PIN - 679322 SRI.V.GIRISH KUMAR, CGC SRI.V.PREMCHAND, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18417 OF 2024 3 T.R. RAVI, J.
-------------------------------------------- W.P.(C)No.18417 of 2024 -------------------------------------------- Dated this the 6th day of June, 2024 JUDGMENT The petitioner is a holder of an account with the respondents Bank and their account has been frozen on intimation by Police Authorities. The Court had, at the time of admission, issued interim directions to restrict the freezing of the accounts to the amount which had been subject matter of the dispute, as per the intimation received from the Police authorities. The Bank has also taken action to that extent pursuant to the directions issued by this Court. In similar cases, this Court had after issuance of such interlocutory orders, closed the writ petitions with certain directions.
Paragraph No.12 of the directions issued in Dr.Sajeer v.
Reserve Bank of India [ 2023 KHC OnLine 661] is extracted hereunder;
“12. In fact, should the criminal enquiry found otherwise, it will be doubtful if the amounts in question could be even recovered from the petitioners, if they have received it as part of
WP(C) NO. 18417 OF 2024 4 bonafide or other valid transactions, unaware of it being proceeds of crime.
In the conspectus of the above, I order these Writ Petitions with the following directions:
a. The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective petitioners, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioners to deal with their accounts, and transact therein, beyond that limit.
b. The respondent – Police Authorities concerned are hereby directed to inform the respective Banks as to whether freezing of accounts of the petitioners in these Writ Petitions will require to be continued even in the afore manner; and if so, for what further time, within a period of eight months from the date of receipt of a copy of this judgment.
c. On the Banks receiving the afore information/intimation
from
the
Police Authorities, they will adhere with it and complete necessary action – either continuing the freeze for such period as mentioned therein;
or withdrawing it, as the case may be.
d. If, however, no information or intimation is received by their Banks in terms of directions (b) above, the petitioners or such among them, will be at full liberty to approach this Court again; for which purpose, all their contentions in these Writ Petitions are left open and reserved to them, to impel in future.” This writ petition is disposed of with the above said directions.
Sd/- T.R.RAVI JUDGE LEK
WP(C) NO. 18417 OF 2024 5 APPENDIX OF WP(C) 18417/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE GST REGISTRATION OF THE PETITIONER Exhibit P2 A TRUE COPY OF THE E-MAIL DATED 18/01/2024 ISSUED BY THE 8TH RESPONDENT TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE E-MAIL ISSUED BY THE 8TH RESPONDENT BANK DATED 05/03/2024 Exhibit P4 A TRUE COPY OF THE INTERIM ORDER DATED 23/04/2024 IN WPC 16274 OF 2024 IS Exhibit P 5 A TRUE COPY OF THE E-MAIL RECEIVED BY THE PETITIONER FROM THE 8TH RESPONDENT BANK DATED 29/04/2024 ALONG WITH THE ATTACHMENTS Exhibit P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PROPRIETOR OF THE PETITIONER BEFORE THE 8TH RESPONDENT BANK DATED 15/05/2024