Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 22ND DAY OF SEPTEMBER 2022/31ST BHADRA, 1944 WP(CRL.) NO. 857 OF 2022 PETITIONER/S:
AJMAL AGED 42 YEARS S/O.ABDULLA, ERANJIKKAL HOUSE, EDAVANNA, MALAPPURAM DISTRICT, DIRECTOR, M/S MGS ASSOCIATES READY MIX TRADING PRIVATE LIMITED, CNG ROAD, HIGH SCHOOL LINK ROAD, NILAMBUR,PIN-679329.
BY ADVS.
C.A.NAVAS T.K.SASIKUMAR RESPONDENT/S:
1 THE BRANCH MANAGER ICICI BANK, MARINE DRIVE BRANCH, KOCHI, ERNAKULAM DISTRICT, PIN-682011.
2 THE STATION HOUSE OFFICER, (MR.ANTJITHLAL.P.S.), EDAKKARA POLICE STATION, EDAKKARA, MALAPPURAM DISTRICT,PIN-679331.
ADV. M. P. PRASHANT- Sr. PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 22.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT Dated this the 22nd day of September, 2022 The petitioner has approached this Court by filing this writ petition seeking the following reliefs:
“(i) To call for the records relating to Exhibits P1 to P9 and to issue a writ of mandamus or any other appropriate writ direction or order declaring that the freezing of Bank account No.635105600132 of the petitioners Private Limited Company by the 1st respondent at the request of the 2nd respondent is arbitrary, illegal, unsustainable, violative of the principles of natural justice and violative of Banking Laws, Rules and Regulations and respondents are liable for damages.
(ii) To issue writ of mandamus of any appropriate order of direction or declaration, declaring that any further delay in de-freezing the account is liable for heavy damages and compensation.
(iii) To issue a writ of mandamus or any other appropriate writ direction or order directing the 1st respondent to open/unblock/de-freeze the petitioners Company Bank account, forthwith (iv) To issue any other appropriate writ direction or order to meet out justice in the facts and circumstances of this case.” 2.
The grievance of the petitioner is that, the 1st respondent Bank informed the petitioner that the account bearing No.635105600132 maintained by him with the said bank was frozen as per the orders of the 2nd respondent/Station House
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Officer. It is also informed that the aforesaid order of freezing the account was passed in connection with the investigation of crime No.8/2021 registered against the petitioner for the offences punishable under Sections 406 and 420 of the Indian Penal Code.
Ext.P7 is the F.I.R. registered against the petitioner.
3.
Heard Sri. C.A. Navas, the learned counsel appearing for the petitioner and Sri. M.P. Prasanth, the learned Senior Public Prosecutor for the 2nd respondent.
4.
Today, when the writ petition came up for consideration, the learned Public Prosecutor submitted that, investigation in this case is already over and a final report has been submitted before the Judicial First Class Magistrate's Court, Nilambur, wherein it was taken into file as C.C. No.1/2022.
Considering the fact that the investigation is already over, the prayer sought for by the petitioner can be agitated before the learned Magistrate by filing appropriate applications. The learned counsel for the petitioner contended that, the order of freezing the account claim to have been passed by the 2nd respondent is without complying the proper procedure in this regard and in violation of principles of natural justice. I am of the view that, the said contentions can be raised before the learned Magistrate
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while submitting an application for de-freezing the account.
In such circumstances, this writ petition is disposed of without prejudice to the right of the petitioner to submit appropriate application before the learned Magistrate for the aforesaid relief. It is ordered that, in case any such application is submitted, the same shall be considered by the learned Magistrate and an order shall be passed in accordance with law without any delay. It is also observed that, in the said petition, it shall be open for the petitioner to raise all the contentions with regard to the illegalities in the order of freezing and those contentions shall also be considered by the learned Magistrate on its merits.
Sd/- ZIYAD RAHMAN A.A.
JUDGE ncd
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APPENDIX OF WP(CRL.) 857/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPANY BOARD RESOLUTION DATED 15.11.2021 Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF BANK TRANSACTION DATED 19.08.2021 FOR THE PERIOD FROM 01.04.2020 TO 31.08.2020 Exhibit P3 TRUE COPY OF THE SCREENSHOT IMAGE OF EMAIL RECEIVED FROM THE FIRST RESPONDENT BANK Exhibit P4 TRUE COPY OF THE REQUEST LETTER DATED 06.10.2021 Exhibit P5 TRUE COPY OF THE LETTER DATED 29.07.2021 Exhibit P6 TRUE COPY OF THE LETTER DATED 29.09.2021 Exhibit P7 TRUE COPY OF THE FIR IN CRIME NO.8/2021 DATED 13.01.2021 OF EDAKKARA POLICE Exhibit P8 TRUE COPY OF SETTLEMENT AGREEMENT DATED 22.01.2020 Exhibit P8(A) TYPED COPY OF THE EXHIBIT P8 Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 28.09.2021 IN WP(C)NO.15058/2021 OF THE HONOURABLE HIGH COURT OF KERALA.
Exhibit P10 TRUE COPY OF THE REPORT DATED 02/10/2021 FILED BEFORE JFCM COURT, NILAMBUR.
Exhibit P11 TRUE COPY OF THE CERTIFICATE OF AUTHNTICITY ISSUED BY DALMIA MAGNESITE CORPORATION.
Exhibit P12 TRUE COPY OF THE INTERIM DATED 28/11/2021 IN CRL.MA.NO.1/2021 IN CRL.MC.NO.5226/2021 OF THIS HONOURABOE COURT.
Exhibit P13 TRUE COPY OF THE RELEVANT STATEMENT OF MGS ASSOCIATES FROM 27/08/2018 TO 20/12/2018.
Exhibit P14 TRUE COPY OF TAX INVOICE DATED 01/10/2018.
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Exhibit P15 TRUE COPY OF TAX INVOICE DATED 11/10/2018.
Exhibit P16 TRUE COPY OF THE LEDGER ACCOUNT FROM 01/04/2018 31/03/2019.
Exhibit P17 TRUE COPY OF THE GST RETURN FOR THE MONTH OF NOVEMBER 2018/2019.
Exhibit P18 TRUE COPY OF THE WORK ALLOTMENT LETTER NO.OP/WO/101/18/01/2019 DATED 18/01/2019 ISSUED BY INDAUS INFRA PVT.LTD.
Exhibit P19 TRUE COPY OF AGENT APPOINTMENT LETTER NO.SL.MS.40808 DATED 20/05/2019 ISSUED BY DALMIA MAGNESITE CORPORATION.
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