Kerala High Court
Kazze Communication Private Limited vs State Of Kerala on 15 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 3574 OF 2024
PETITIONER:
KAZZE COMMUNICATION PRIVATE LIMITED, FLOOR,
14/291, A SQUARE BUILDING, EDATHALA P.O,
KUZHIVELIPADY, KANGARAPPADY, VAZHAKULAM,
ERNAKULAM DISTRICT, PIN - 683561 , AUTHORIZED
SIGNATORY, MUHAMMED YAZEEN , S/O RAZAK KASSIM,
AGED 21 YEARS, VAZHAKULAM, ERNAKULAM DISTRICT,
PIN - 683561
BY ADV V.VISAL AJAYAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
2 NATIONAL CYBER CRIME REPORTING PORTAL, REPRESENTED
BY ITS DIRECTOR, NATIONAL HIGHWAY-8 MAHIPALPUR,
NEW DELHI, PIN - 110037
3 THE RESERVE BANK OF INDIA, REPRESENTED BY ITS
GOVERNOR, HEAD OFFICE, MUMBAI, MAHARASHTRA,
PIN - 400029
4 MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL
SECRETARIAT NEW DELHI, REPRESENTED BY IT'S
SECRETARY, PIN - 110001
5 YES BANK, VYTILA, KOCHI, GROUND FLOOR SYAMA
BUSINESS CENTRE NH BYPASS, VYTILA KERALA,
ERNAKULAM DISTRICT, PIN - 682019
6 RH SOLANKI, POLICE INSPECTOR, SOLA HIGH COURT
POLICE STATION, GANDHINAGAR HWY, CHANAKYAPURI,
GUJRAT, PIN - 380008
BY SRI.S.MANU - DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 3574/24
2
JUDGMENT
The facts involved in this case are covered by the judgment of
this Court in Dr.Sajeer V. Reserve Bank of India [2024(1) KLT 826].
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 account 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.
(b) The respondent - Police Authorities concerned are hereby
directed to inform the Bank as to whether freezing of account 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 Writ Petition are left open and reserved to them,
to impel in future.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 3574/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES THE
ACCOUNT STATEMENT OF THE PETITIONER DATED
11.09.2023
Exhibit P2 TRUE COPY OF THE UNIFIED LICENSE (VIRTUAL
NETWORK OPERATORS ISSUED BY THE GOVERNMENT
OF INDIA MINISTRY OF TELECOMMUNICATION
DEPARTMENT TO THE PETITIONER DATED
28.03.2023
Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE 5TH
RESPONDENT BANK TO THE PETITIONER DATED
22.1.2024
