Kerala High Court
Mohammed Fakhih. A 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. 5426 OF 2024
PETITIONER:
MOHAMMED FAKHIH. A
AGED 25 YEARS
S/O ABDULLA. A, ATHRAPPIL HOUSE, KOLLAMCHINA, PERUVALLUR,
MALAPPURAM DISTRICT, KERALA, PIN - 676317
BY ADVS.
MUHAMMED SUHAIR C.A
SAFWAN 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-GUJARAT SP
OFFICE CHHOTAUDEPUR, GHELVANT, GUJARAT, E- MAIL;CC-
[email protected], PIN - 391165
3 THE MANAGER
FEDERAL BANK, KONDOTTY BRANCH, MALAPPURAM DISTRICT,
KERALA E-MAIL: [email protected], PIN - 673638
4 THE STATION HOUSE OFFICER
DANTIWADA POLICE STATION, KUCHAWADAROAD,BANASKANTHA
DISTRICT, GUJARAT, E-MAIL: POLSTN-DANTIWA-
[email protected], PIN - 385505
BY ADV K.K.SETHUKUMAR
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. 5426 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. 5426 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. 5426 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. 5426 OF 2024
APPENDIX OF WP(C) 5426/2024
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE ACCOUNT STATEMENT OF THE
PETITIONER'S SAVINGS ACCOUNT, HAVING ACCOUNT
NUMBER 99980104128462 MAINTAINED IN THE
FEDERAL BANK - KONDOTTY BRANCH, FOR A PERIOD
OF 01.06.2023 TO 30.01.2024 ISSUED BY THE 3RD
RESPONDENT
Exhibit P2 THE TRUE COPY OF THE E-MAIL COMMUNICATION OF
THE ACKNOWLEDGEMENT NO. 31108230101136
FORWARDED BY THE 3RD RESPONDENT TO THE
PETITIONER DATED 10.08.2023
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED
22.01.2024 PREFERRED BY THE PETITIONER BEFORE
THE RESPONDENTS NUMBER 3 AND 4 2023
