Sebastian.V.G vs Union Of India
2024 Latest Caselaw 5170 Ker

Kerala High Court

Sebastian.V.G vs Union Of India 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. 2951 OF 2024
PETITIONER:

          SEBASTIAN.V.G, AGED 47 YEARS, S/O. GEORGE,
          VATTAMTHOTTIYIL HOUSE, PAYAM(PO), EDOOR,
          KANNUR - (DT)., PIN - 670704

          BY ADV CIBI THOMAS


RESPONDENTS:

    1     UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY
          OF HOME AFFAIRS, NEW DELHI, PIN - 110000

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

    3     THE STATION HOUSE OFFICER, SPECIAL OFFENCES AND
          CYBER CRIME POLICE STATION, JAIPUR, RAJASTHAN,
          PIN - 302001

    4     THE FEDERAL BANK LTD., REP. BY ITS BRANCH MANAGER,
          IRITTY BRANCH, IRITTY.P.O, KANNUR (DT), PIN - 670703

          BY ADVS
          SRI.MOHAN JACOB GEORGE - SC
          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 2951/24
                                     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 him 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 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 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) 2951/2024

PETITIONER EXHIBITS
Exhibit P1          TRUE COPY OF THE COMMUNICATION DATED

09.01.2024 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE COMMUNICATION THROUGH EMAIL SENT BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE BANK STATEMENT FOR THE PERIOD 01.01.2023 TO 18.01.2024 OF CARE A LOT INVESTMENT FIRM RUN BY THE PETITIONER Exhibit P4 TRUE COPY OF THE DETAILS REGARDING THE TRANSACTION DATED 30.12.2023 OF 439.56 USDT AND RS. 40,000/- BETWEEN THE PETITIONER'S FIRM AND PURANDARA MEHER Exhibit P5 TRUE COPY OF JUDGMENT DATED 29.05.2023 IN D.R.SAJEER AND ORS. VS. RESERVE BANK OF INDIA AND ORS.