Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945 WP(C) NO. 5396 OF 2024 PETITIONER:
SULFIKAR, AGED 37 YEARS, S/O. PATHUMMA N.A., 6/255/B, AMBALATH HOUSE, VATTAMAVU ROAD, VALLISSERY, AVINISSERY, THRISSUR DISTRICT, PIN – 680306.
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 OF INDIA, KUNDANNOOR BRANCH (FDRL0002003) JOHNS ARCADE, MARADU, KUNDANNOOR, ERNAKULAM DISTRICT, PIN – 682301.
5 THE DIRECTOR GENERAL OF POLICE GUJARAT STATE POLICE BHAVAN, GANDHINAGAR SECTOR 18, GANDHINAGAR, GUJARAT - (EMAIL:GS@GUJARAT.GOV.IN), PIN – 382009.
SRI.S.MANU, DSGI SRI.P.PAULOCHAN ANTONY, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5396 OF 2024 -2- JUDGMENT The facts involved in this case are covered by the judgment of this Court in Dr.Sajeer v.
Reserve Bank of India [2024 (1) KLT 826].
Since the learned counsel for the parties are ad idem on this, I allow this writ petition in terms of the said judgment.
Consequently, I order this Writ Petition with the following directions:
(a) The respondent Bank arrayed in this case, is directed to confine the order of freeze against the accounts of the petitioner, 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 petitioner to deal with his account, and transact therein, beyond that limit.
WP(C) NO. 5396 OF 2024 -3- (b) The respondent – Police Authorities concerned are hereby directed to inform the Bank as to whether freezing of accounts of the petitioner in this Writ Petition 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 Bank receiving the afore information/intimation
from
the
Police Authorities, they will adhere to the same 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 the Bank in terms of directions (b) above, the petitioner will be at full liberty to approach this Court again; for which purpose, all his contentions in this Writ
WP(C) NO. 5396 OF 2024 -4- Petition are left open and reserved to him, to impel in future.
Sd/- DEVAN RAMACHANDRAN JUDGE akv
WP(C) NO. 5396 OF 2024 -5- APPENDIX OF WP(C) 5396/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE GST REGISTRATION CERTIFICATE ISSUED BY GOVERNMENT OF INDIA DATED 24/05/2023 IN FAVOUR OF THE PETITIONER'S FIRM EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED NIL ISSUED FROM THE 4TH RESPONDENT BANK TO THE PETITIONER EXHIBIT P3 A TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER'S CURRENT ACCOUNT DATED 18/01/2024