Kerala High Court
M/S. Mukkom Agriculturists And Workers ... 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. 4862 OF 2024
PETITIONER:
M/S. MUKKOM AGRICULTURISTS AND WORKERS DEVELOPMENT &
WELFARE CO-OPERATIVE SOCIETY LIMITED NO. D3169,
REPRESENTED BY ITS SECRETARY ASWINDAS K.S.,
AGED 30 YEARS, S/O SIVADASAN, RESIDING AT MANNASSERY,
THAZHECODE, KOZHIKODE, KERALA, PIN - 673602.
BY ADVS.
HAMZATH ALI V.K.
AYISHA AFRIN A.V.K.
RESPONDENTS:
1 UNION OF INDIA,
MINISTRY OF HOME AFFAIRS NORTH BLOCK,
NEW DELHI,
REPRESENTED BY ITS HOME SECRETARY, PIN - 110001.
2 THE ESAF SMALL FINANCE BANK,
MUKKAM BRANCH, K V COMPLEX, MUKKAM,
KOZHIKODE DISTRICT,
REPRESENTED BY THE MANAGER,
E-MAIL: [email protected], PIN - 673602.
3 VISHRANTWADI POLICE STATION - PUNE CITY,
MENTAL CORNER, YERAWADA, PUNE, MAHARASHTRA,
REPRESENTED BY THE POLICE SUB-INSPECTOR (SI).
E-MAIL: [email protected], PIN - 411006.
4 RAMOL POLICE STATION - AHMEDABAD CITY,
CTM - RAMOL RD, JANTA NAGAR, AHMEDABAD, GUJARAT,
REPRESENTED BY THE POLICE INSPECTOR (PI).
E-MAIL: [email protected],
PIN - 380026.
5 CYBER CRIME POLICE STATION - KANPUR,
TRAFFIC POLICE LINE CAMPUS, NEAR PS,
RAILBAZAR, KANPUR, UTTAR PRADESH,
REPRESENTED BY THE STATION HOUSE OFFICER.
E-MAIL: [email protected],
PIN - 208013
WP(C) NO. 4862 OF 2024
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6 SONEGAON POLICE STATION - NAGPUR CITY
WARDHA RD, NEAR DR BABASAHEB
AMBEDKAR INTERNATIONAL AIRPORT, SONEGAON,
NAGPUR, MAHARASHTRA,
REPRESENTED BY THE POLICE SUB-INSPECTOR (SI).
E-MAIL: [email protected],
PIN - 440025.
BY ADVS.
B.S.SURESH KUMAR
ASHLEY JOHN(K/000719/2015)
RANJANA V.(K/001646/2000)
ANUSREE C.S.(K/1438/2021)
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:
WP(C) NO. 4862 OF 2024
-3-
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 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
WP(C) NO. 4862 OF 2024
transact therein, beyond that limit.
(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
WP(C) NO. 4862 OF 2024
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.
e) I, however, clarify that this judgment
will apply to every requisition received by
the Bank from any Police Authority, whether
it be single or multiple, and the fees will
be confined to all such amounts.
The learned counsel for the respondent -
Bank at this time, however, submitted that
the petitioner has only called into question
one requisition received by his client, while
there are others from other police stations.
Obviously, the directions in the judgment
WP(C) NO. 4862 OF 2024
would only apply the requisitions mentioned
herein and not to the others; and hence the
petitioner would be at liberty to challenge
those also, if they are so interested, for
which all contentions are left open.
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 4862 OF 2024
APPENDIX OF WP(C) 4862/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ACCOUNT STATEMENT
OF THE PETITIONER'S CURRENT ACCOUNT,
HAVING ACCOUNT NO. 10200001415783,
MAINTAINED IN THE ESAF SMALL FINANCE
BANK - MUKKAM BRANCH, ISSUED BY THE
2ND RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION GIVEN
BY THE 2ND RESPONDENT TO THE
PETITIONER REGARDING CYBER CRIME
ACKNOWLEDGMENT NO. 31908230035656
EXHIBIT P2A A TRUE COPY OF THE COMMUNICATION GIVEN
BY THE 2ND RESPONDENT TO THE
PETITIONER REGARDING CYBER CRIME
ACKNOWLEDGMENT NO. 31108230110194
EXHIBIT P2B A TRUE COPY OF THE COMMUNICATION GIVEN
BY THE 2ND RESPONDENT TO THE
PETITIONER REGARDING CYBER CRIME
ACKNOWLEDGMENT REGISTERED BY 5TH
RESPONDENT
EXHIBIT P2C A TRUE COPY OF THE COMMUNICATION GIVEN
BY THE 2ND RESPONDENT TO THE
PETITIONER REGARDING CYBER CRIME
ACKNOWLEDGMENT NO. 31909230039358
