Kerala High Court
Milan Holidays Llp vs National Cyber Crime Reporting Portal 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. 3175 OF 2024
PETITIONER:
MILAN HOLIDAYS LLP, NO. 5/318 BC CALICUT ROAD,
VAALANCHERY, MALAPPURAM REP. BY ITS MANAGING
DIRECTOR, ANEES BABU, S/O KUNHIPOKKER CHENKUNDAN,
CHENKUNDAN HOUSE, VATTAPPARA, THOZHUVANNUR,
MALAPPURAM, PIN - 676552
BY ADVS.
K.N.ABHILASH
SUNIL NAIR PALAKKAT
RISHI VARMA T.R.
K.M.TINTU
RITHIK S.ANAND
SREELAKSHMI MENON P.
RESPONDENTS:
1 NATIONAL CYBER CRIME REPORTING PORTAL, REPRESENTED
BY ITSNODELOFFICER, NATIONAL HIGHWAY - 8, MAHIPALPUR,
NEW DELHI, PIN - 110037
2 THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS,
THIRUVANANTHAPURAM, PIN - 695001
3 DEPUTY SUPERINTENDENT OF POLICE, CYBER POLICE STATION,
TONK, RAJASTAN, PIN - 304001
4 THE STATION HOUSE OFFICER, CYBER CRIME POLICE STATION,
TONK DISTRICT, RAJASTHAN, PIN - 304001
5 THE BRANCH MANAGER, FEDERAL BANK, VALANCHERI BRANCH,
MALAPPURAM-, PIN - 676552
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 3175/24
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) 3175/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OF
INCORPORATION ISSUED BY THE REGISTRAR OF
COMPANIES DATED 17/6/2019
Exhibit P2 THE TRUE COPY OF THE INTIMATION DATED
08.01.2024 SENT BY THE 5TH RESPONDENT
Exhibit P3 THE TRUE COPY OF THE ORDER DATED 25/9/23
IN WPC-12960/23
