Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 13TH DAY OF OCTOBER 2023 / 21ST ASWINA, 1945 WP(CRL.) NO. 135 OF 2023 PETITIONER:
UMMAR FAROOK AGED 30 YEARS PROPRIETOR, M/S. BUILDIN DEVELOPERS, S/O USUF, BELIYOORKATTE HOUSE, BELIYOORKATTE, PUTTUR, KARNATAKA, PIN - 574243 BY ADVS.
P.SANJAY A.PARVATHI MENON BIJU MEENATTOOR MOHAMMED ASLAM P.S PAUL VARGHESE (PALLATH) PRASOON SUNNY KIRAN NARAYANAN RAHUL RAJ P.
AMRUTHA M. NAIR RESPONDENTS:
1 DISTRICT POLICE CHIEF (RURAL) ALUVA, ERNAKULAM, PIN - 683101 2 DEPUTY SUPERINTENDENT OF POLICE (CRIME BRANCH) ERNAKULAM RURAL, ALUVA, ERNAKULAM DISTRICT, PIN - 682031 3 BANK OF BARODA DARBE PUTTUR, KARNATAKA. REPRESENTED BY THE MANAGER, PIN - 574202 4 ABDUL LAHIR HASSAL S/O.MUHAMMED HASSAN,THAINOTH ROAD,WEST SIDE OF BYEPASS,ALUVA WEST VILLAGE,ERNAKULAM RURAL ADDL R4 IS IMPLEADED VIDE ORDER DATED 20/2/23 IN WP(CRL) 135/2023 K.ANAND REKHA P.P
WP(CRL.) NO. 135 OF 2023 2 THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 135 OF 2023 3 K.BABU, J.
------------------------------------ W.P.(Crl.).No.135 of 2023 -------------------------------------- Dated this the 13th day of October, 2023 J U D G M E N T The challenge in this Writ Petition is to the order issued by the Deputy Superintendent of Police, Crime Branch, Ernakulam Rural, directing seizure of Account No.105300301000147 maintained by the petitioner with the Bank of Baroda (previously Vijaya Bank), Darbe Puttur, Karnataka, thereby preventing operation of the same during the investigation of Crime No.1072/2022 of Aluva Police station.
2.
Additional respondent No.4 filed a complaint before the Aluva Police Station alleging offences punishable under Sections 406, 420, 468, 471, 120 B, 419, 498 A r/w 34 of the Indian Penal Code against his son-in-law Sri. Muhammed Hafeez and others. In the complaint, he alleged that Sri Muhammed Hafeez ill treated his daughter and misappropriated her assets.
Based on the complaint, the police registered the above referred
WP(CRL.) NO. 135 OF 2023 4 crime. During the course of investigation, the Investigating Officer issued the impugned order.
3.
The learned counsel for the petitioner submitted that the petitioner has no connection with the alleged offences. It is submitted that the petitioner is engaged in undertaking private and Government contract works. Sri. Muhammed Hafeez, the Managing Director of M/s Kudroli Builders and Infrastructure Pvt.Ltd., was a classmate of the petitioner. The petitioner had maintained good relationship with him and used to assign sub- contract to his firm. According to the petitioner, in the first week of December 2019, at the request of Sri. Muhammed Hafeez, some amounts were transferred to his account citing technical issues with regard to his account. Sri. Muhammed Hafeez had represented to him that the amounts were transferred by his in-laws. In January 2020, the defacto complainant also sent an amount of Rs.10,00,000/-(Rupees Ten Lakhs Only) to the petitioner's account. The petitioner transferred all those amounts to the account of Sri. Muhammed Hafeez. The petitioner never felt anything wrong in the transactions as he was of the bona fide belief that the technical
WP(CRL.) NO. 135 OF 2023 5 issues relating to the account of the defacto complainant and Sri. Muhammed Hafeez persuaded them to transfer the amounts to his account. It is submitted that the petitioner has not retained any amount received by him by way of transfer from Sri. Muhammed Hafeez and Abdul Lahir Hassal [Additional respondent No.4] except a portion of amount which is due to him from Mohammed Hafeez.
4.
After that, the relationship of Sri. Muhammed Hafeez with his wife strained and his father-in-law, the additional respondent No.4, filed the above referred complaint. The petitioner was informed by his Bank that the investigating agency in crime No.W.P.(Crl.) 1253/2022 ordered seizure of his account.
5.
The learned counsel for the petitioner submitted that the order issued by the Investigating Agency under Section 102 of the Cr.P.C. is not sustainable as there are no material to establish that any amount in the account maintained by the petitioner is found to be under circumstances which create suspicion of commission of any offences.
WP(CRL.) NO. 135 OF 2023 6 6.
The Investigating Agency submitted a report stating that a sum of Rs.1.4 Crores was transferred by the defacto complainant directly to the account maintained by the petitioner company. It is further submitted that, more time is required to collect and verify all the Bank transactions done through the account maintained by the petitioner.
7.
The learnned counsel for the petitioner submitted that the account maintained by the accused in the crime was also ordered to be seized and thereafter, as per the directions of this Court in W.P.Crl.1253/2022, the operation of the order seizing the account was stayed and the Bank permitted them to operate the account.
8.
The prosecution has no case that the petitioner herein has committed any offences. His account happened to be seized for the sole reason that some amounts were transferred to the accused through his account. He has not retained those amounts with him. Later, the amounts were transferred to the account of the accused.
9.
Therefore, I am of the view that the Investigating Agency has not established the requirements of Section 102 of
WP(CRL.) NO. 135 OF 2023 7 the Cr.P.C. to issue an order of seizure in respect of the account maintained by the petitioner. The Writ Petition is only to be allowed.
Therefore, Ext.P3 order
seizing Account No.105300301000147 maintained by the petitioner with the Bank of Baroda (previously Vijaya Bank), is hereby lifted. The petitioner is at liberty to operate the account. The Bank shall permit him to operate the account in the absence of any other reasons.
Sd/- K. BABU JUDGE saap
WP(CRL.) NO. 135 OF 2023 8 APPENDIX OF WP(CRL.) 135/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PETITIONER'S LEDGER ACCOUNT STATEMENT FROM 27-11-2020 TO 18- 06-2022 Exhibit P2 TRUE COPY OF THE REQUEST LETTER SENT BY THE 2ND RESPONDENT DATED NIL IS PRODUCED HEREWITH Exhibit P3 TRUE COPY OF THE ORDER OF SEIZURE DATED NIL IS PRODUCED HEREWITH Exhibit P4 TRUE COPY OF THE ORDER IN WP (CRL.)1253/2022 DATED 15/12/2022 Exhibit P5 TRUE COPY OF THE FORM 6 GST REGISTRATION CERTIFICATE DATED 1/10/2020 Exhibit P6 TRUE COPY OF THE BANK STATEMENT OF BUILDIN DEVELOPERS Exhibit P7 TRUE COPY OF THE FIR IN CRIME NO.
1072/2022 DATED 21/08/2022 //True copy//PA to Judge