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Kerala High Court
Kazee Communication Private Limited vs State Of Kerala on 23 May, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 14828 OF 2024
PETITIONER:
KAZEE COMMUNICATION PRIVATE LIMITED
AGED 21 YEARS
FLOOR, 14/291, A SQUARE BUILDING, EDATHALA
P.O.,KUZHIVELIPADY, KANGARAPPADY, VAZHAKULAM, ERNAKULAM
DISTRICT, PIN - 683561 ,REPRESENTED BY AUTHORIZED SIGNATORY,
MUHAMMED YAZEEN , S/O RAZAK KASSIM, VAZHAKULAM, ERNAKULAM
DISTRICT, PIN - 683 561
BY ADV V.VISAL AJAYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE HOME SECRETARY, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695 001
2 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY-8 MAHIPALPUR,
NEW DELHI, PIN - 110 037
3 THE RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI,
MAHARASHTRA, PIN - 400 029
4 MINISTRY OF HOME AFFAIRS
REPRESENTED BY IT'S SECRETARY, NORTH BLOCK, CENTRAL
SECRETARIAT NEW DELHI, PIN - 110 001
5 STATE BANK OF INDIA
P.B NO. 2524, ERNAKULAM BROADWAY,
ERNAKULAM, KERALA, PIN - 682 031
6 MATAKATHAN POLICE STATION
REPRESENTED BY IT'S AUTHORIZED OFFICER , JODHPUR CITY EAST
MATAKATHAN, RAJASTHAN, PIN - 342 007
7 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY IT'S AUTHORIZED OFFICER, UNDER TAKEN BY
MINISTRY OF HOME AFFIRMS CYBER POLICE PORTAL GOVERNMENT OF
INDIAN, NEW DELHI, PIN - 110037
SRI. V. GIRISH KUMAR. CGC.
SRI. RAJEEV JYOTHISH GEORGE. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14828 OF 2024
2
T.R.RAVI.J
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WP(C) No.14828 of 2024
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Dated this the 23rd day of May, 2024
JUDGMENT
The petitioner is holder of an account with the Bank and their account has been frozen on intimation by Police Authorities. The Court had, at the time of admission, issued interim directions to restrict the freezing of the accounts to the amount which had been subject matter of the dispute, as per the intimation received from the Police authorities. The Bank has also taken action to that extent pursuant to the directions issued by this Court. In similar cases, this Court had after issuance of such interlocutory orders, closed the writ petitions with certain directions. Paragraph No.12 of the directions issued in Dr.Sajeer v. Reserve Bank of India [ 2023 KHC OnLine 661] is extracted hereunder;
"12. In fact, should the criminal enquiry found otherwise, it will be doubtful if the amounts in question could be even recovered from the petitioners, if they have received it as part of bonafide or other valid transactions, unaware of it being proceeds of WP(C) NO. 14828 OF 2024 3 crime.
In the conspectus of the above, I order these Writ Petitions with the following directions:
a. The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective petitioners, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioners to deal with their accounts, and transact therein, beyond that limit.
b. The respondent - Police Authorities concerned are hereby directed to inform the respective Banks as to whether freezing of accounts of the petitioners in these Writ Petitions will require to be continued even in the afore manner; and if so, for what further time, within a period of eight months from the date of receipt of a copy of this judgment.
c. On the Banks receiving the afore information/intimation from the Police Authorities, they will adhere with it and complete necessary action - either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be.
d. If, however, no information or intimation is received by their Banks in terms of directions (b) above, the petitioners or such among them, will be at full liberty to approach this Court again; for which purpose, all their contentions in these Writ Petitions are left open and reserved to them, to impel in future."
This writ petition is disposed of with the above said directions.
Sd/-
T.R.RAVI JUDGE sn WP(C) NO. 14828 OF 2024 4 APPENDIX OF WP(C) 14828/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES THE ACCOUNT STATEMENT OF THE PETITIONER FROM 1.04.2024 TO 3.04.2024 Exhibit P2 TRUE COPY OF THE COMPLAINANT DETAILS DATED 03.04.2024