Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 21ST DAY OF FEBRUARY 2024 / 2ND PHALGUNA, 1945 W.P.(C) NO.40267 OF 2023 PETITIONER:
ANANDU KRISHNA P.M., AGED 29 YEARS, S/O. MURARI PARANKIMAMMOOTTIL, SADANANDAN, PARANKIMAMMOOTTIL, KARUNECHI, EDAKKARA, MALAPPURAM, KERALA, PIN-679 331.
BY ADVS.
T.S.SARATH M.KIRANLAL MANU RAMACHANDRAN R.RAJESH (VARKALA) SAMEER M NAIR SAILAKSHMI MENON RESPONDENTS:
1 UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI, PIN-110 001 REPRESENTED BY ITS HOME SECRETARY 2 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER, NATIONAL HIGHWAY - 8, MAHIPALPUR, NEW DELHI, PIN-110 037.
3 INDIAN CYBERCRIME COORDINATION CENTRE REPRESENTED BY ITS CEO, 5TH FLOOR, NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI, PIN-110 001.
4 THE RESERVE BANK OF INDIA REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI, BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN-695 033.
-2- W.P.(C) NO.40267 OF 2023 5 HDFC BANK, EP 7/371, PANKIMAMMOOTTIL, EDAKKARA MARUTHA ROAD, RUBBER COLLECTION CENTER, KARUNECHI, NILAMBUR-679 331 REPRESENTED BY ITS BRANCH MANAGER * ADDL.R6 STATE OF CHHATTISGARH REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF CHHATTISGARH, MAHANADI BHAWAN, MANTRALAYA, NAYA RAIPUR, EMAIL- CSOFFICE.CG@GOV.IN * ADDL.R7 DIRECTOR GENERAL OF POLICE, CHHATTISGARH, POLICE HEADQUARTERS, RAIPUR, CHHATTISGARH-492 001, E-MAIL - RAMNIWASDGP@GMAIL.COM * ADDL.R8 STATION HOUSE OFFICER, JANJGIR CHAMBA, CHAMBA, CHHATTISGARH-495 671, E-MAIL - RUPNARAYANBARETH71@GMAIL.COM * ADDL.R6 TO R8 ARE IMPLEADED AS PER ORDER DATED 21.02.2024 IN I.A.NO.1 OF 2023 SRI.S.MANU, DSGI SRI.P.PAULOCHAN ANTONY, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3- W.P.(C) NO.40267 OF 2023 JUDGMENT Dated this the 21st day of February, 2024 It is without doubt that the issues involved in this case have already been answered by this Court in Dr.Sajeer v.
Reserve Bank of India and Another [2024 (1) KLT 826] and connected matters.
In the afore circumstances and since the learned counsel for the parties are completely ad idem as above, I allow this writ petition in terms of the afore judgment in the following manner:
(a) The respondent - Bank, is directed to confine the order of freeze against the account of the petitioner, only to the extent of the amount mentioned in the order/requisition issued to him 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.
(b) The respondent – Police Authorities concerned are hereby directed to inform the Bank as to whether the freezing of the account 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.
-4- W.P.(C) NO.40267 OF 2023 (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 direction (b) above, petitioner will be at full liberty to approach this Court again; for which purpose, all his contentions in this Writ Petition are left open and reserved to them, to be impelled in future.
Needless to say, the liberty of the petitioner to challenge the requisitions now placed on record by the Bank are left open, for which purpose, all contentions are left undecided.
Sd/- DEVAN RAMACHANDRAN JUDGE bpr
-5- W.P.(C) NO.40267 OF 2023 APPENDIX OF WP(C) 40267/2023 PETITIONER'S EXHIBITS Exhibit 1 A TRUE COPY OF THE BANK STATEMENT FROM 01.08.2023 TO 19.10.2023 Exhibit P2 A TRUE COPY OF THE UDAYAM REGISTRATION CERTIFICATE Exhibit P3 A TRUE COPY OF GST REGISTRATION CERTIFICATE Exhibit P4 TRUE COPY OF THE LETTER DATED 22.09.2023 FROM THE 5TH RESPONDENT BANK