Riyas vs The Union Of India
2024 Latest Caselaw 5179 Ker

Kerala High Court

Riyas vs The 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. 3399 OF 2024
PETITIONER:

          RIYAS, AGED 36 YEARS
          S/O. ABBAS, VILAKKATH HOUSE, VELLARIMALA, WAYANAD
          DISTRICT, PIN - 673577

          BY ADV K.RAKESH



RESPONDENTS:

    1     THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
          MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL
          SECRETARIAT, NEW DELHI, PIN - 110001

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

    3     THE STATE POLICE CHIEF
          POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
          PIN - 695014

    4     THE STATION HOUSE OFFICER
          CYBER CRIME POLICE STATION, CRIME BRANCH, AHMEDABAD
          CITY, GUJARAT, E-MAIL [email protected],
          PIN - 380004

    5     ICICI BANK LIMITED
          KALPETTA BRANCH, WAYANAD DISTRICT, REPRESENTED BY ITS
          BRANCH MANAGER/AUTHORISED OFFICER, PIN - 673121

          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. 3399 OF 2024
                                 2


                              JUDGMENT

It is without doubt that the issues involved in this case have

already been answered by this Court in W.P.(C) No.12960 of

2023 and connected matters.

In the afore circumstances and since the learned counsel

for the parties are completely ad idem as above, I allow this writ

petition in terms of the afore judgment in the following manner:

(a) The respondent - Bank, is directed to confine the order

of freeze against the account of the petitioner, only to the extent

of the amount 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 his account, and transact

therein, beyond that limit.

(b) The respondent - Police Authorities concerned are

hereby directed to inform the Bank as to whether the freezing of

the 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 WP(C) NO. 3399 OF 2024

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 direction (b) above, 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

him, to be impelled in future.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 3399 OF 2024

APPENDIX OF WP(C) 3399/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT DATED, 26-12-2023