Busra M vs Union Of India
2024 Latest Caselaw 5186 Ker

Citation : 2024 Latest Caselaw 5186 Ker
Judgement Date : 15 February, 2024

Kerala High Court

Busra M 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. 44102 OF 2023
PETITIONER:

              BUSRA M,
              AGED 34 YEARS
              W/O RAFI V P, MOTTAMMAL POYILTAZHAM ,
              PERUMANNA ,PANTHEERANKAVU P O, KOZHIKODE, KERALA, PIN -
              673019
              BY ADVS.
              ASADU AHMMED CHULLINTE
              MEHNA IBRAHIM


RESPONDENTS:

     1        UNION OF INDIA
              UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF
              HOME AFFAIRS, NEW DELHI, PIN - 110001
     2        THE RESERVE BANK OF INDIA,
              REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI,
              MAHARASHTRA, PIN - 400029
     3        NATIONAL CYBER CRIME REPORTING PORTAL,
              REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY - 8,
              MAHIPALPUR, NEW DELHI, PIN - 110037
     4        STATE OF KERALA
              REPRESENTED BY HOME SECRETARY , HOME DEPARTMENT
              GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM KERALA, PIN -
              695001
     5        STATE BANK OF INDIA
              REPRESENTED BY ITS MANAGER, PERUMANNA BRANCH, KOZHIKODE,
              PIN - 673019
     6        DIRECTOR GENERAL OF POLICE,
              LAKDIKAPUL ROAD, OPPOSITE RAVINDRA BHARATHI, HYDERABAD,
              TELANGANA-, PIN - 500004
     7        THE STATION HOUSE OFFICER,
              CYBERCRIME POLICE STATION HYDERABAD , TELEGANA, PIN -
              500025
     8        POLICE SUB INSPECTOR ,
              NTPC POLICE STATION, RAMAGUNDAM, TELEGANA, PIN - 505215
     9        THE STATION HOUSE OFFICER,
 WP(C) NO. 44102 OF 2023
                                  2

           THULLUR POLICE STATION ,GUNTUR ANDHRA PRADESH TELANGANA,
           PIN - 522237
    10     THE STATION HOUSE OFFICER,
           GANGANAHAR POLICE STATION HARIDWAR , UTTARAKHAND, PIN -
           249406
    11     STATION HOUSE OFFICER,
           TILAK NAGAR POLICE STATION, INDORE ,MADHYA PRADESH, PIN -
           452016
     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. 44102 OF 2023
                                    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

accounts, and transact therein, beyond that

limit.

WP(C) NO. 44102 OF 2023

(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.

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 directions

(b) above, the petitioner or such among them,

will be at full liberty to approach this Court WP(C) NO. 44102 OF 2023

again; for which purpose, all their contentions

in this Writ Petition are left open and reserved

to them, to impel in future.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 44102 OF 2023

APPENDIX OF WP(C) 44102/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE LETTER DATED 16.09.2023 RECEIVED FROM 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF COMPLAINT AND DETAIL DATED 2.09.2023 ISSUED BY THE 7TH RESPONDENT TO THE 5TH RESPONDENT BANK Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF COMPLAINT AND DETAIL DATED 2.09.2023 ISSUED BY THE 8TH RESPONDENT TO THE 5TH RESPONDENT BANK Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF COMPLAINT AND DETAIL DATED 30,08.2023 ISSUED BY THE 9TH RESPONDENT TO THE 5TH RESPONDENT BANK Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF COMPLAINT AND DETAIL DATED 11.08.2023 ISSUED BY THE 10TH RESPONDENT TO THE 5TH RESPONDENT BANK Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF COMPLAINT AND DETAIL DATED 13.08.2023 ISSUED BY THE 11TH RESPONDENT TO THE 5TH RESPONDENT BANK Exhibit P7 TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT DATED 25-09-2023 IN W.P(C) NO.12960/2023 AND CONNECTED CASES