Kerala High Court
K.K. Jose And Associates 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. 34740 OF 2023
PETITIONER:
K.K. JOSE AND ASSOCIATES, ROOM NO IX/54 FIRST FLOOR,
YENVEE COMPLEX TEMPLE ROAD ALUVA, ERNAKULAM.
REPRESENTED BY ITS SENIOR PARTNER MR. K K JOSE,
PIN - 683101.
BY ADVS.B.J.JOHN PRAKASH
P.PRAMEL
VARSHA VIJAYAKUMAR NAIR
COLIN ALEX
SOORAJ M.S.
RESPONDENTS:
1 UNION OF INDIA,
HIGH COURT OF KERALA, REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110001.
2 SUPERINTEND OF POLICE, CYBER CRIME CELL, LUCKNOW,
BALMIKI MARG, INSIDE HAZRATGANJ POLICE STATION,
DM COMPOUND COLONY, HAZRATGANJ, LUCKNOW,
UTTAR PRADESH, PIN - 226001.
3 THE STATION HOUSE OFFICER, GUNNAUR POLICE STATION,
SH 18, GUNNAUR, UTTAR PRADESH, PIN - 243722.
4 CANARA BANK,
REPRESENTED BY ITS AUTHORISED OFFICER, ALUVA BRANCH,
PALACE ROAD, ALUVA, PIN - 683101.
BY ADVS.K.SUDHINKUMAR
GOPIKRISHNAN NAMBIAR M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
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. 34740 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 their
account, and transact therein, beyond that
limit.
WP(C) NO. 34740 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 their contentions in this
WP(C) NO. 34740 OF 2023
Writ Petition are left open and reserved to
them, to impel in future.
After I dictated this part of the judgment,
the learned counsel for the petitioner submitted
that his client also intends to challenge the
requisition by the Police Authority, since it is
not legally permissible. He, therefore, prayed
for liberty for his client to do so, through a
separate writ petition.
In addition to the afore reliefs, the afore
requested liberty is also deserved in favour of
the petitioner; for which purpose, all their
contentions in that regard are left open.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 34740 OF 2023
APPENDIX OF WP(C) 34740/2023
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE INTIMATION DATED
01.09.2023 ALONG WITH INCIDENT
COMPLAINT TRANSACTION INFORMATION
EXHIBIT-P2 TRUE COPY OF THE STATEMENT OF ACCOUNT
OF THE PETITIONER'S ACCOUNT
EXHIBIT-P3 TRUE COPY OF THE CHALLAN RECEIPT
ISSUED BY THE INCOME TAX DEPARTMENT
