Kerala High Court
Mohamed Riyas K P 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. 2395 OF 2024
PETITIONER:
MOHAMED RIYAS K P., AGED 27 YEARS
S/O HAMZA, KANNIPARAMBIL (H), VALLAPUZHA, CHOORAKODE
P.O, PALAKKAD. KERALA, PIN - 679336
BY ADVS.
T.S.SARATH
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
SAMEER M NAIR
JOTHISHA K.A.
SAILAKSHMI MENON
AASHI K. SHAJAN
RESPONDENTS:
1 UNION OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
NEW DELHI, REPRESENTED BY ITS HOME SECRETARY
[email protected], PIN - 110001
2 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER, UPLC,
NAVCHETNA KENDRA, 10 ASHOK MARG, LUCKNOW, UTTAR PRADESH
[email protected], PIN - 226001
3 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER, OFFICE OF
THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CID (CRIME &
RAILWAYS), 4TH FLOOR, POLICE BHAVAN, SECTOR - 18,
GANDHINAGAR, GUJARAT [email protected] - 382018
4 INDIAN CYBERCRIME COORDINATION CENTRE
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 5TH FLOOR,
NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI
[email protected], PIN - 110001
WP(C) NO. 2395 OF 2024
2
5 STATE OF UTTAR PRADESH
REPRESENTED BY THE CHIEF SECRETARY, 101, 'B'
BLOCK, LOK BHAWAN, U.P SECRETARIAT, LUCKNOW
[email protected], - 226001
6 STATE OF GUJARAT, REPRESENTED BY THE CHIEF
SECRETARY, 5TH FLOOR, BLOCK NO. 1, SARDAR BHAVAN
SACHIVALAYA, GANDHINAGAR,GUJURAT
[email protected], PIN - 382010
7 DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, 12TH FLOOR, TOWER 2,
GOMTINAGAR EXT, SHAHIDPATH LUCKNOW, UTTAR PRADESH
[email protected], PIN - 226002
8 DIRECTOR GENERAL OF POLICE, GUJARAT STATE POLICE
BHAVAN, GANDHINAGAR SECTOR 18, GANDHINAGAR,
GUJARAT [email protected], PIN - 382021
9 CYBER CRIME POLICE STATION
AGRA RANGE 7, KUTCHERY ROAD, BALUGANJ, AGRA, UTTAR
PRADESH REPRESENTED BY THE STATION HOUSE OFFICER
[email protected], PIN - 232001
10 CYBER CRIME POLICE STATION
5TH FLOOR, POLICE BHAVAN, SECTOR 18, GANDHINAGAR,
GUJARAT REPRESENTED BY THE STATION HOUSE OFFICER
[email protected], PIN - 382018
11 THE RESERVE BANK OF INDIA
REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI,
BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA
[email protected], PIN - 695033
12 FEDERAL BANK, DOOR NO 340/D, A T TOWER, YARAM,
VALLAPUZHA, PALAKKAD REPRESENTED BY ITS BRANCH
MANAGER [email protected], PIN - 679336
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:
WP(C) NO. 2395 OF 2024
3
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
complete necessary action - either continuing the freeze for such
WP(C) NO. 2395 OF 2024
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. 2395 OF 2024
APPENDIX OF WP(C) 2395/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINTS DETAILS TAKEN
FROM THE 12TH RESPONDENT BANK THAT THE
PETITIONER IS A SUSPECT IN AN ONLINE
TRANSACTION
Exhibit P1(a) A TRUE COPY OF THE COMPLAINTS DETAILS TAKEN
FROM THE 12TH RESPONDENT BANK THAT THE
PETITIONER IS A SUSPECT IN AN ONLINE
TRANSACTION
Exhibit P2 A TRUE COPY OF THE STATEMENT OF TRANSACTION
DETAILS OF THE PETITIONER'S ACCOUNT FROM
04-04-2023 TO 05-04-2023
