IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 25317 OF 2020
PETITIONER/S:
1 C.K.VIJAYAN
AGED 58 YEARS
S/O.KRISHNAN KUTTY, FLAT-6A, VIJAYA GLIMPSES, JAWAHAR
NAGAR, KADAVANTHARA, ELAMKULAM VILLAGE-682020.
2 SALINI VIJAYAN,
AGED 48 YEARS
W/O.C.K.VIJAYAN, FLAT-6A, VIJAYA GLIMPSES, JAWAHAR NAGAR,
KADAVANTHARA, ELAMKULAM VILLAGE-682020.
3 SAIRA THAMPI KRISHNA,
AGED 32 YEARS
FLAT-6A, VIJAYA GLIMPSES, JAWAHAR NAGAR, KADAVANTHARA,
ELAMKULAM VILLAGE-682020.
4 LOKANTA HOTELS AND RESORTS PRIVATE LIMITED,
2/318 E, KANNADIKADU, MARADU P.O., ERNAKULAM-682304, REP.
BY ITS DIRECTOR, SALINI VIJAYAN.
BY ADV L.RAJESH NARAYAN
RESPONDENT/S:
1 COMMISSIONER OF POLICE
KOCHI CITY, O/O THE COMMISSIONER OF POLICE, REVENUE
TOWER, OPP.CHILDRENS PARK, KOCHI-682011.
2 DEPUTY COMMISSIONER OF POLICE,
KOCHI CITY, O/O.THE COMMISSIONER OF POLICE, REVENUE
TOWER, OPP.CHILDRENS PARK, KOCHI-682011.
3 STATION HOUSE OFFICER,
2
WPC No.25317 of 2020
MARADU POLICE STATION, P.A.ULLAHAN RD, NEAR
GOVT.VHSS, MARADU-682304.
4 BRANCH MANAGER,
ICICI BANK LIMITED, DAFFODILS, OPP.SILVERLINE
HOSPITAL, K.P.VALLON ROAD, KADAVANTHARA-682020.
5 PREETHA RADHAKRISHNAN,
W/O.RADHAKRISHNAN, KALHARAM KANDOTH, PATTUPURACKAL
ROAD, THEKKUMBHAGOM, TRIPUNITHUR-682301.
BY ADV GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
WPC No.25317 of 2020
JUDGMENT
The petitioners have approached this Court by filling this writ petition being aggrieved by the order of freezing the bank accounts of the petitioners as per Ext.P13 to Ext.P16 communications issued by the 3rd respondent. It is discernible that the account of the petitioners were frozen as part of the investigation of Crime No.606/2020 of Maradu Police Station.
2. When the matter came up for consideration today, the learned Government Pleader points out that, the investigation pursuant to Ext.P1 is already completed and a final report is submitted. The aforesaid case is now pending as C.C No. 95/2022 before the Judicial First Class Magistrate Court-VIII, Ernakulam.
3. Considering the fact that the final report has been filed and the prayer sought in the writ petition is mainly for de freezing the accounts of the petitioners which have been frozen as per Ext.P13 to P16, I am of the view that, this is a prayer which can be raised by the petitioners by filing appropriate applications before the learned Magistrate.
4WPC No.25317 of 2020 In such circumstances, this writ petition is disposed of relegating the petitioners to approach the Judicial First Class Magistrate-VIII, Eranakulam by filing appropriate applications. If any such applications are filed the same shall be taken up and considered by the learned Magistrate as expeditiously as possible after hearing the affected parties Sd/-
ZIYAD RAHMAN A.A JUDGE rpk 5 WPC No.25317 of 2020 APPENDIX OF WP(C) 25317/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE FIR NO.606/2020 DATED 03.10.2020 OF THE MARADU POLICE STATION. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 02.11.2020 IN B.A.NO.6695/2020 OF THE HON'BLE hIGH COURT OF KERALA EXHIBIT P3 TRUE COPY OF THE COMPANY PETITION NO.40/KOB/2020 DATED 01.10.2020. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 06.11.2020 OF THE HON'BLE NCLT.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 06.11.2020 TO THE COMMISIONN OF THE POLICE KOCHI CITY WITH AKNOWLEDGEMENT EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 09.11.2020 TO THE CITY POLICE COMMISSIONER KOCHI CITY EXHIBIT P7 TRUE COPY OF THE STATEMENT OF 2ND PETITIONERS ACCOUNTS.
EXHIBIT P8 TRUE COPY OF THE STATEMENT OF 3RD PETITIONERS ACCOUNTS.
EXHIBIT P9 TRUE COPY OF THE REQUEST DATED 11.11.2020 OF THE 1ST PETITIONER TO THE 4TH RESPONDENT EXHIBIT P10 TRUE COPY OF THE REQUEST DATED 11.11.2020 OF THE 2ND PETITIONER TO THE 4TH RESPONDENT 6 WPC No.25317 of 2020 EXHIBIT P11 TRUE COPY OF THE REQUEST DATED 11.11.2020 OF THE 3RD PETITIONER TO THE 4TH RESPONDENT EXHIBIT P12 TRUE COPY OF THE REQUEST DATED 11.11.2020 EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 11.11.2020 AS REGARDS THE 1ST PETITIONER FROM THE 4TH RESPONDENT .
EXHIBIT P14 TRUE COPY OF THE COMMUNICATION DATED 11.11.2020 AS REGARDS THE 2ND PETITIONER FROM THE 4TH RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE COMMUNICATION DATED 11.11.2020 AS REGARDS THE 3RD PETITIONER FROM THE 4TH RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 11.11.2020 AS REGARDS THE 4TH PETITIONER FROM THE 4TH RESPONDENT .
EXHIBIT P17 TRUE COPY OF THE COMPLAINT DATED 12.11.2020 BEFORE THE RESPONDENTS 1 AND 2.