Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 6TH DAY OF DECEMBER 2023 / 15TH AGRAHAYANA, 1945 WP(C) NO. 35425 OF 2023 PETITIONER:
AMAZE INDIA REPRESENTED BY ITS PARTNERS SAMSHER MOHAMMED HUSSAIN HASHMI AGED 40 YEARS, FLAT NO 2104 SHRI BALAJI, ENCLAVE, OFF CHINCHOLI BUNDER ROAD, MALAD WEST, BEHIND EVERSHINE MALL, MUMBAI, MUMBAI SUBURBAN, MAHARASHTRA, PIN - 400064 BY ADVS.
V.JOHN MANI SETHULAKSHMI K.K.
ABHIRAMI C. UNNI VARGHESE SABU MEERA RAJAN RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY HOME SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 STATION HOUSE OFFICER CYBER CRIME POLICE STATION, ERNAKULAM RURAL, ALUVA, KERALA, PIN - 683101 3 STATE BANK OF INDIA REPRESENTED BY ITS BRANCH MANAGER GEREGAON MULUND LINK ROAD BRANCH, SHOWROOM NO 11, RUSTOMJEE OZONE GOREGAON WEST, MUMBAI, PIN - 400104 4 VISHNU SOMAN MUNDAPLACKAL HOUSE MANJALLOOR, NEERAMPUZHA, VAZHAKKULAM, ERNAKULAM RURAL, KERALA, PIN - 686670 BY ADVS.
Nandagopal Nambiar V.V PREEJA. P.VIJAYAN(K/104/2006) SMITHA (EZHUPUNNA)(K/223/2015) CHITRA JOHNSON(K/000924/2018) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 35425 OF 2023 2 JUDGMENT The facts involved in this case are covered by the judgment of this Court in W.P.(C).No.12960/2023 and connected matters. 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 their account, and transact therein, beyond that limit.
(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
WP(C) NO. 35425 OF 2023 3 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 their contentions in this writ petition are left open and reserved to them, to impel in future.
(e) I, however, clarify that this judgment will apply to every requisition received by the Bank from any Police Authority, whether it be single or multiple, and the fees will be confined to all such amounts.
After I dictated this part of the judgment, Sri.V.V.Nandagopal Nambiar – learned counsel appearing for the 4th respondent, submitted that his client is a victim whose money has now been lost. He, therefore, sought liberty for him to approach the competent Authorities, including respondent No.2 – Station House Officer, for appropriate information, so that he can pursue further action.
This liberty is certainly left open to the 4th respondent and every assistance to him as required in law will be made available by the 2nd respondent, or such other Police Authorities, during investigation and thereafter.
Sd/- DEVAN RAMACHANDRAN JUDGE MC/812
WP(C) NO. 35425 OF 2023 4 APPENDIX OF WP(C) 35425/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DEED OF ADMISSION CUM RETIREMENT EXECUTED BETWEEN PARTNERS OF THE PETITIONER FIRM DATED 21/01/2021 Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION UNDER GST DATED 09/06/2023 WITH REGISTRATION NUMBER 27ABPFA7820E1ZD Exhibit P3 A TRUE COPY OF THE UDYAM REGISTRATION CERTIFICATE ISSUED BY THE MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES DATED 09/12/2022.
Exhibit P4 A TRUE COPY OF THE ACCOUNT STATEMENT IN RESPECT OF ITS CURRENT ACCOUNT WITH STATE BANK OF INDIA, GOREGAON MULUND LINK ROAD BRANCH WITH ACCOUNT NUMBER 00000039441004798 FOR THE PERIOD FROM 12/06/2023 TO 01/07/2023.
Exhibit5 P5 A TRUE COPY OF THE EMAIL COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 3RD RESPONDENT ALONG WITH THE EMAIL ISSUED BY THE 2ND RESPONDENT.
Exhibit P6 A TRUE COPY THE FIR IN CRIME NO. 47/2023 REGISTERED BY THE 2ND RESPONDENT Exhibit P7 A TRUE COPY THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT THROUGH EMAIL DATED 18/10/2023 Exhibit P8 A TRUE COPY THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 3RD RESPONDENT THROUGH EMAIL DATED 18/10/2023