Aneesh Nashid K vs. State Of Kerala
Held
The High Court held that since the bank account was frozen by an order of the Judicial First Class Magistrate, the petitioner must approach the concerned Magistrate court with an appropriate application to seek de-freezing of the account.
Facts
The petitioner sought a High Court directive to de-freeze his current bank account, which had been frozen by the bank. The Government Pleader informed the court that the account was frozen based on an order passed by the Judicial First Class Magistrate court.
Key Issues
Whether the High Court can direct a bank to de-freeze an account when the freeze order originates from a Judicial First Class Magistrate, and what is the proper forum for challenging such an order.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 22ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 WP(C) NO. 25946 OF 2023 NAME AND ADDRESS OF THE PETITIONER: ANEESH NASHID K ALIAS ANEESH RASHID, S/O ABDUL RAHEED, PROPRIETOR S.K.A FRUITS CHENGANA BYPASS MANJERI RESIDING AT KODUVALI (H) KATTIPARA (P.O) MANJERI, PIN – 679329, KERALA BY ADVS. T.K.RAJESHKUMAR JIJO JOSE ABHISHEK DHANANJAY DEEPAK MANOJ V GEORGE NAME AND ADDRESS OF THE RESPONDENTS: 1 STATE OF KERALA THROUGH STATION HOUSE OFFICER CUSBA POLICE STATION, KOZHIKKODE CUSBA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA KERALA, PIN - 682031 2 HOUSING DEVELOPMENT FINANCE CORPORATION BANK (HDFC) REPRESENTED BY ITS MANAGER, THARIF BUILDING, OPPOSITE JAYAREE AUDITORIUM, CALICUT ROAD, MALAPPURAM, MANJERI, KERALA, PIN - 676121 3 ADDL. R3. SHO, THAMARASSERY, THAMARASSERY POLICE STATION, THAMARASSERY P.O., PIN-673573 (IS SUOMOTU IMPLEADED AS ADDITIONAL 3RD RESPONDENT AS PER THE ORDER DATED 11.08.2023 IN WP(C) 25946/2023) BY ADV. SHRI. B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, THE COURT ON THE SAME DAY DELIVERED T
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.