Hidash Muhammed T vs Union Of India
2024 Latest Caselaw 5321 Ker

Kerala High Court

Hidash Muhammed T 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. 4248 OF 2024
PETITIONER:

          HIDASH MUHAMMED T.
          AGED 23 YEARS, S/O ABDUL SALEEM,
          THATHOTH, KARUMALA, BALUSSERY, SIVAPURAM,
          KOZHIKODE, KERALA, PIN - 673612
          BY ADVS.
          HAMZATH ALI V.K.
          AYISHA AFRIN A.V.K.

RESPONDENTS:

    1     UNION OF INDIA
          MINISTRY OF HOME AFFAIRS NORTH BLOCK,
          NEW DELHI, PIN - 110001
          REPRESENTED BY ITS HOME SECRETARY
    2     THE SOUTH INDIAN BANK
          POONOOR BRANCH, R P AHMEDKUTTY BUILDINGS,
          THAMARASSERY, UNNIKULAM P.O., POONOOR,
          KOZHIKODE, PIN - 673574, REPRESENTED BY
          THE MANAGER, E-MAIL: [email protected],
    3     IJOOR POLICE STATION
          RAMANAGARA, KARNATAKA, PIN - 562159
          REPRESENTED BY THE STATION HOUSE OFFICER,
          E-MAIL: [email protected]
    4     NAIGOAN POLICE STATION
          MAHARASHTRA, PIN - 401208
          REPRESENTED BY THE STATION HOUSE OFFICER,
          EMAIL: [email protected]
    5     VARTAK NAGAR POLICE STATION
          THANE CITY, MAHARASHTRA, PIN - 400606
          REPRESENTED BY THE STATION HOUSE OFFICER
          EMAIL:[email protected]
    6     GACHIBOWLI POLICE STATION
          CYBERABAD, HYDERABAD, TELANGANA,
          PIN - 500032, REPRESENTED BY THE
          STATION HOUSE OFFICER
          [email protected]
    7     CYBER CRIME POLICE STATION - LUCKNOW
          V-2, VIBHUTI KHAND, GOMTI NAGAR,
 W.P.(C).No. 4248 of 2024
                                          :2:



               LUCKNOW, UTTAR PRADESH, PIN - 226010
               REPRESENTED BY OPERATIONS HEAD,
               EMAIL: [email protected]
               BY ADVS.
               SRI.P.A.AUGUSTINE AREEKATTEL
               SRI.SUNIL SHANKAR A - SC
               SRI.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:
 W.P.(C).No. 4248 of 2024
                                    :3:




                              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) 4248/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FIRST PAGE OF THE ACCOUNT STATEMENT OF THE PETITIONER'S SAVINGS ACCOUNT, HAVING ACCOUNT NO. 4445073000003801, MAINTAINED IN THE SOUTH INDIAN BANK - POONOOR BRANCH, ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REGARDING CYBER CRIME ACKNOWLEDGMENT NO. 31607230023879 Exhibit P2A A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REGARDING CYBER CRIME ACKNOWLEDGMENT NO. 31908230028181 Exhibit P2B A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REGARDING CYBER CRIME ACKNOWLEDGMENT NO. 4445073000003801 Exhibit P2C A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REGARDING CYBER CRIME ACKNOWLEDGMENT NO. 33708230027556 Exhibit P2D A TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REGARDING CYBER CRIME HAVING NO. 23108230064863 Exhibit P3 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE

Exhibit P3A A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE

Exhibit P3B A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE

Exhibit P3C A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE

RESPONDENTS' EXHIBITS : NIL.