Ummar Farook vs. District Police Chief (Rural)
Held
The High Court held that the Investigating Agency failed to establish the requirements under Section 102 of the Cr.P.C. for seizing the account. The Court found no evidence that the petitioner committed any offences and lifted the seizure order, allowing the petitioner to operate his bank account.
Facts
The petitioner's bank account was seized by the police during the investigation of a crime involving IPC offences against his classmate. The police alleged that a significant amount was transferred to the petitioner's account, which he then transferred to the main accused. The petitioner contended he merely facilitated transfers due to "technical issues" and had no involvement in the alleged offences.
Key Issues
Whether the Investigating Agency met the requirements of Section 102 of the Cr.P.C. to justify the seizure of the petitioner's bank account, given that the petitioner was not accused of any offence.
AI-generated summary — verify with the full judgment below
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 o
The judgment continues below.
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