Rajnas A.C vs The Union Of India
2024 Latest Caselaw 5319 Ker

Kerala High Court

Rajnas A.C 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. 1777 OF 2024
PETITIONER:
             RAJNAS A.C.
             AGED 26 YEARS, S/O. RAFEEQ,
             ARANOLICHALIL, KUNNAMANGALAM,
             KOZHIKODE DISTRICT, PIN - 673571
             BY ADVS.
             K.RAKESH
             AMEEN HASSAN K.

RESPONDENTS:
     1       THE 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,
             MAHARASTRA, PIN - 400029
     3       THE STATE POLICE CHIEF
             POLICE HEAD QUARTERS, VAZHUTHACAUD,
             THIRUVANANTHAPURAM, PIN - 695014
     4       THE STATION HOUSE OFFICER
             CYBER CRIME CELL, AHMEDABAD,
             GUJARAT, PIN - 380004
             E-MAIL: [email protected]
     5       THE FEDERAL BANK
             KUNNAMANGLAM BRANCH, KUNNAMANGALAM P.O.,
             KOZHIKODE DISTRICT, PIN - 673571
             REPRESENTED BY ITS BRANCH MANAGER/
             AUTHORISED OFFICER
             BY ADVS.
             SRI.S.MANU - DSGI
             SRI.P.PAULOCHAN ANTONY
             SRI.SUNIL KUMAR KURIAKOSE - GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.02.2024,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 1777 of 2024
                                    :2:




                              JUDGMENT

It is without doubt, and as is unequivocally admitted by the

parties, that the issues involved in this case have already been

answered by this Court in Dr.Sajeer v. Reserve Bank of India &

Anr. [2024 (1) KLT 826] and connected matters.

In the afore circumstances, and since the learned counsel for

the parties are 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.

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, 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 be impelled in

future.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm

APPENDIX OF WP(C) 1777/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 4TH RESPONDENT DATED 30-08-2023

RESPONDENTS' EXHIBITS : NIL.