Kerala High Court
Muhammed Rahshad P.K 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. 3859 OF 2024
PETITIONER/PETITIONER:
MUHAMMED RAHSHAD P.K
AGED 26 YEARS
S/O ABDURAHMAN P.K, PUTHAN KAMMUVINTE HOUSE,
PUTHANKADAPPURAM, PARAPPANANGADI P.O., MALAPPURAM, PIN -
676303
BY ADVS.
ALBIN A. JOSEPH
SUSANTH SHAJI
SIDHARTH O.
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH
BLOCK, NEW DELHI, PIN - 110001
2 RESERVE BANK OF INDIA
REPRESENTED ,BY ITS GENERAL MANAGER, BRANCH OFFICE,
BANERJI ROAD, ERNAKULAM NORTH, KOCHI, PIN - 691310
3 THE MANAGING DIRECTOR
THE FEDERAL BANK LIMITED. POST BOX NO. 103, FEDERAL
TOWERS, ALUVA, ERNAKULAM, PIN - 683101
4 THE MANAGER
THE FEDERAL BANK LIMITED, PARAPPANANGADI BRANCH, MH
ARCADE, NCC ROAD, NEDUVA, PARAPPANANGADI, MALAPPURAM, PIN
- 676303
5 THE INSPECTOR
CID CRIME, GANDHINAGAR UNIT, SARVODAYNAGAR SOCIETY,
SECTOR 30, GANDHINAGAR , GUJARAT, PIN - 382030
6 THE STATION HOUSE OFFICER
HINJEWADI POLICE STATION, HINJEWADI PHASE 1 ROAD,
HINJEWADI RAJIV GANDHI INFOTECH PARK, PIMPRI-CHINCHWAD,
MAHARASHTRA, PIN - 411057
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. 3859 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 their
accounts, and transact therein, beyond that
WP(C) NO. 3859 OF 2024
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 or such among them,
WP(C) NO. 3859 OF 2024
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 them, to impel in future.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 3859 OF 2024
APPENDIX OF WP(C) 3859/2024
PETITIONER'S EXHIBITS:
Exhibit-P1 TRUE PHOTOSTAT COPY OF THE NOTICE DATED
11/01/2024 ISSUED BY THE 4TH RESPONDENT
REGARDING DIRECTION OF 5TH RESPONDENT
Exhibit-P2 TRUE PHOTOSTAT COPY OF THE NOTICE DATED
11/01/2024 ISSUED BY THE 4TH RESPONDENT
REGARDING DIRECTION OF 6TH RESPONDENT
Exhibit-P3 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 29/01/2024 ISSUED BY THE PETITIONER TO
THE 3RD AND 4TH RESPONDENTS
Exhibit-P3(a) TRUE PHOTOSTAT COPY OF THE POSTAL TRACK
CONSIGNMENT RECORD DOWNLOADED FROM INDIA POST
WEBSITE DATED 30/01/2024
Exhibit-P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 29/01/2024 ISSUED TO THE 2ND RESPONDENT
Exhibit-P4(a) TRUE PHOTOSTAT COPY OF THE POSTAL TRACK
CONSIGNMENT RECORD DOWNLOADED FROM INDIA POST
WEBSITE DATED 30/01/2024
