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Biju George vs The Union Of India
2024 Latest Caselaw 5182 Ker

Citation : 2024 Latest Caselaw 5182 Ker
Judgement Date : 15 February, 2024

Kerala High Court

Biju George 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. 3447 OF 2024
PETITIONER:

          BIJU GEORGE, AGED 53 YEARS
          S/O. M.P. GEORGE, MALIEKKAL HOUSE, MANARCAD P.O.,
          KOTTAYAM DISTRICT, PIN - 686019

          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 POLICE STATION, VALLABHAI PATTEL ROAD, BRIHAN
          MUMBAI, MAHARASHTRA. E-MAIL:
          [email protected], PIN - 400055

    5     KERALA GRAMIN BANK
          MANARCAD BRANCH, KOTTAYAM DISTRICT, PIN - 686 019
          REPRESENTED BY ITS BRANCH MANAGER/AUTHORISED OFFICER,
          PIN - 400055

          S.MANU - DSGI
          SRI.JAWAHAR JOSE - 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. 3447 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.

WP(C) NO. 3447 OF 2024

(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 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. 3447 OF 2024

APPENDIX OF WP(C) 3447/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 4TH RESPONDENT DATED, 17-1-2024

 
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