Kerala High Court
Jijor 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. 5403 OF 2024
PETITIONER:
JIJOR
AGED 41 YEARS
S/O.ARAVINDAKSHAN, 3/94/5, KAILATHUVALAPPIL HOUSE,
VIDHYA NAGAR, PADUKKAD THURUTHU, THRISSUR,
PIN - 680010
BY ADV VISHNUPRASAD NAIR
RESPONDENTS:
1 UNION OF INDIA
MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI
REPRESENTED BY ITS HOME SECRETARY, PIN - 110001
2 INDIAN CYBERCRIME COORDINATION CENTRE
REPRESENTED BY ITS CEO 5TH FLOOR, NDCC-II BUILDING, JAI
SINGH ROAD, NEW DELHI, PIN - 110001
3 THE RESERVE BANK OF INDIA
REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI, BAKERY
JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM,
KERALA, PIN - 695033
4 THE FEDERAL BANK
THRISSUR BRANCH (FDRL0001272) ALKA BUILDING, ROUND
NORTH, THRISSUR, REPRESENTED BY BRANCH MANAGER,
PIN - 680001
SRI.PAULOCHAN ANTONY - SC
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. 5403 OF 2024 2
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 his account, and transact
therein, beyond that limit.
(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.
(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 directions (b) above, the petitioner will be at full
liberty to approach this Court again; for which purpose, all his
contentions in this writ petition are left open and reserved to him, to
impel in future.
(e) I, however, clarify that this judgment will apply to every
requisition received by the Bank from any Police Authority, whether
it be single or multiple, and the fees will be confined to all such
amounts.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/19.2
APPENDIX OF WP(C) 5403/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GST REGISTRATION
CERTIFICATE ISSUED BY GOVERNMENT OF INDIA
DATED 13/09/2023 IN FAVOUR OF THE
PETITIONER'S FIRM
Exhibit P2 A TRUE COPY OF THE ACCOUNT STATEMENT OF
THE PETITIONER'S CURRENT ACCOUNT DATED
16/1/2024
