Kerala High Court
Kazze Communication Private Limited vs The 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. 2228 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 THE 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,
REPRESENTED BY IT'S SECRETARY, NORTH BLOCK,
CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001.
5 YES BANK, REPRESENTED BY ITS MANAGER,
VYTILA, KOCHI, GROUND FLOOR
SYAMA BUSINESS CENTRE NH BYPASS,
VYTILA KERALA, ERNAKULAM DISTRICT, PIN - 682019.
6 TULINJ POLICE STATION,
REPRESENTED BY POLICE INSPECTOR, OSWAL NAGRI, NALASOPARA
EAST, NALA SOPARA, MAHARASHTRA,
PIN:401209, DEPARTMENT OF ECONOMIC OFFENCE WING,
MIRA BHAYANDAR-VASI-VIRAR
COMMISSIONERATE, PIN - 401209.
WP(C) NO. 2228 OF 2024
-2-
BY ADVS.
SRI.S.MANU, DSGI
SRI.SUNIL KUMAR KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 2228 OF 2024
-3-
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. 2228 OF 2024
(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. 2228 OF 2024
Writ Petition are left open and reserved to
them, to impel in future.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 2228 OF 2024
APPENDIX OF WP(C) 2228/2024
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 SCREENSHOT OF REPLY
MAIL GIVEN BY THE 5TH RESPONDENT BANK
TO THE PETITIONER
