Arshad M vs The Union Of India
2023 Latest Caselaw 12457 Ker

Kerala High Court

Arshad M vs The 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. 35100 OF 2023
PETITIONER:

          ARSHAD M, AGED 23 YEARS,
          S/O.ASHRAF.M, MANCHITHODIKA HOUSE, KALASAGAR,
          NEAR PRESTIGE PALACE, EDAKKARA,
          MALAPPURAM, PIN - 679331.

          BY ADV ANJANA KANNATH


RESPONDENTS:

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

    2     THE RESERVE BANK OF INDIA,
          REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI,
          MAHARASHTRA -, PIN - 400029.

    3     NATIONAL CYBER CRIME REPORTING PORTAL,
          REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY-8,
          MAHIPALPUR, NEW DELHI, PIN - 110037.

    4     THE STATE POLICE CHIEF, POLICE HEAD QUARTERS,
          VAZHUTHACAUD, THIRUVANANTHAPURAM -, PIN - 695014.

    5     FEDERAL BANK, EDAKKARA BRANCH, JOHNS TOWER,
          OOTY ROAD EDAKKARA, MALAPPURAM, REPRESENTED ITS
          AUTHORISED OFFICER, PIN - 679331.

    6     STATION HOUSE OFFICER, KARTHAPUR POLICE STATION,
          GRAND TRUNK RD, KARTARPUR, PUNJAB, PIN - 144801.

          BY ADV JAGADEESH LAKSHMAN
          SRI.S.MANU, DSGI
          SRI.SUNIL KUMAR KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35100 OF 2023
                                 -2-

                            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.

WP(C) NO. 35100 OF 2023

(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 WP(C) NO. 35100 OF 2023

Petition are left open and reserved to him, to

impel in future.

After I dictated this part of the judgment,

Sri.Mohan Jacob George appearing for the Bank,

submitted that, apart from the requisition made

by the 6th respondent, his client has also

received a requisition from another Police

Authority, namely from Gujarat. He submitted

that, if the petitioner approaches the Bank, he

will be given the details of the same.

In the afore circumstances, I clarify that

this judgment will apply only as against the

requisition of the 6th respondent; and if the

petitioner requires any further relief, he will

have to approach this Court, appropriately

against the Police Authority from where the Bank

has received the new requisition.

Needless to say, petitioner's liberty for

doing as afore is open, for which, he will also WP(C) NO. 35100 OF 2023

have the right to approach the Bank for

necessary information. It is so clarified.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 35100 OF 2023

APPENDIX OF WP(C) 35100/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE MAIL COMMUNICATION SENT BY THE 5TH RESPONDENT DATED 24.2.2023

EXHIBIT P2 . TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WP (C) NO.18199/2023 DATED 05-06-2023