Kerala High Court
C.A. Roshan E 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. 1682 OF 2024
PETITIONER:
C.A. ROSHAN E., AGED 33 YEARS
PRACTICING CHARTERED ACCOUNTANT, S/O SALEEM E.,
RESIDING AT POOKALATHOOR, PULPATTA P.O., MANJERI,
MALAPPURAM DISTRICT, KERALA, PIN - 676123
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 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER - UTTAR
PRADESH, POLICE HEADQUARTERS, LUCKNOW, UTTAR PRADESH,
PIN - 226 001 E-MAIL: [email protected].
3 THE MANAGER
IDBI BANK., MANJERI BRANCH, MARANAT CHAMBERS, 15/855,
COURT RD, MANJERI, MALAPPURAM DISTRICT, KERALA, PIN -
676 121. E-MAIL: [email protected].
4 THE STATION HOUSE OFFICER
SHAHPUR POLICE STATION, SHAHPUR, BASHARATPUR,
GORAKHPUR, UTTAR PRADESH, PIN - 273 002 E-MAIL : SO-
[email protected].
BY ADV N.J.ASHWIN
SRI.S.MANU - DSGI
SRI.PRATHEESH CHACKO - SC
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. 1682 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. 1682 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. 1682 OF 2024
APPENDIX OF WP(C) 1682/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CYBER COMPLAINT HAVING
ACKNOWLEDGEMENT NO. 23107230064090 ALONG
WITH ALLEGED TRANSACTION DETAILS, PROVIDED
BY THE 3RD RESPONDENT TO THE PETITIONER
DATED 15.11.2023
Exhibit P2 A TRUE COPY OF THE BANK STATEMENT OF THE
PETITIONER'S SAVING BANK ACCOUNT, ON
31.07.2023, HAVING ACCOUNT NO.
1341104000119061 MAINTAINED IN THE 3RD
RESPONDENT IDBI BANK, MANJERI BRANCH
Exhibit P3 A TRUE COPY OF THE INVOICE BILL HAVING NO.
JUL-13/23 DATED 30.07.2023 ISSUED BY THE
PETITIONER TO HIS CLIENT NAMED MR. SHAJAHAN
Exhibit P4 A TRUE COPY THE CHALLAN RECEIPT ISSUED BY
THE INCOME TAX DEPARTMENT HAVING NO. ITNS
Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED
12.12.2023 PREFERRED BY THE PETITIONER
