Sabiq T vs Union Of India
2023 Latest Caselaw 12436 Ker

Citation : 2023 Latest Caselaw 12436 Ker
Judgement Date : 22 November, 2023

Kerala High Court

Sabiq T vs Union Of India on 22 November, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
                       WP(C) NO. 36928 OF 2023
PETITIONER:

          SABIQ T, AGED 27 YEARS, S/O SHARAFUDHEEN THANIKKAT,
          THANIKKAT HOUSE, BEERANCHIRA, THIRUNAVAYA,
          MALAPPURAM, KERALA, PIN - 676108

          BY ADVS.
          T.S.SARATH
          MANU RAMACHANDRAN
          M.KIRANLAL
          SAMEER M NAIR
          SAILAKSHMI MENON


RESPONDENTS:

    1     UNION OF INDIA, MINISTRY OF HOME AFFAIRS,
          NORTH BLOCK, NEW DELHI, REPRESENTED BY ITS
          HOME SECRETARY, PIN - 110001

    2     NATIONAL CYBER CRIME REPORTING PORTAL
          REPRESENTED BY ITS NODAL CYBER CELL OFFICER,
          GUJARAT, NATIONAL HIGHWAY - 8, MAHIPALPUR,
          NEW DELHI, PIN - 110037

    3     INDIAN CYBERCRIME COORDINATION CENTRE
          REPRESENTED BY ITS CEO 5TH FLOOR, NDCC-II BUILDING,
          JAI SINGH ROAD, NEW DELHI, PIN - 110001

    4     STATE OF GUJARAT, REPRESENTED BY THE CHIEF SECRETARY,
          1ST BLOCK, 5TH FLOOR, SACHIVALAYA, GANDHINAGAR,
          PIN - 382020

    5     DIRECTOR GENERAL OF POLICE, POLICE BHAVAN, SECTOR 18,
          GANDHINAGAR, GUJARAT, PIN - 382018

    6     DEPUTY SUPERINTENDANT OF POLICE, CYBER CRIME CELL- CID,
          CRIME AND RAILWAYS, FIFTH FLOOR, POLICE BHAVAN, SECTOR
          18, GANDHINAGAR, PIN - 382018

    7     THE RESERVE BANK OF INDIA, REPRESENTED BY THE DEPUTY
          GENERAL MANAGER, RBI, BAKERY JUNCTION, NANDAVANAM,
          VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN - 695033
 WPC 36928/23
                                      2

     8       FEDERAL BANK, FEDERAL TOWERS, MARKET ROAD, PERIYAR
             NAGAR, ALUVA , REPRESENTED BY ITS NODAL HEAD,
             PIN - 683101

     9       FEDERAL BANK, 21/119, PURATHUR ROAD ALATHIYUR P.O,
             MALAPPURAM DISTRICT, REP. BY ITS BRANCH MANAGER,
             PIN - 676101

             BY ADV SUNIL.J


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   22.11.2023,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 36928/23
                                      3

                             JUDGMENT

The facts involved in this case are covered by the judgment of

this Court in W.P.(C).No.12960/2023 and connected matters. Since

the learned counsel for the parties are ad idem on this, I allow this

Writ Petition in terms of the said judgment.

Consequently, I order this Writ Petition with the following

directions:

(a) The respondent-Bank arrayed in this case, is directed to

confine the order of freeze against the accounts of the petitioner,

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 petitioner to deal with his account,

and transact therein, beyond that limit.

(b) The respondent - Police Authorities concerned are hereby

directed to inform the Bank as to whether freezing of accounts of

the petitioner in this Writ Petition 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 Bank receiving the afore information/intimation

from the Police Authorities, they will adhere to the same 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

the Bank in terms of directions (b) above, the petitioner will be at

full liberty to approach this Court again; for which purpose, all his

contentions in this Writ Petition are left open and reserved to him,

to impel in future.

Sd/-

RR                                      DEVAN RAMACHANDRAN
                                               JUDGE



                 APPENDIX OF WP(C) 36928/2023

PETITIONER EXHIBITS
Exhibit P1          A TRUE COPY OF THE COMMUNICATION SLIP

PROVIDED BY THE RESPONDENT BANK SHOWING THE ALLEGED TRANSACTION DETAILS Exhibit P2 A TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER FOR THE PERIOD OF 1.08.2023 TO 7.8.2023