Kerala High Court
Muhammed Khalfan 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. 4644 OF 2024
PETITIONER:
MUHAMMED KHALFAN
AGED 21 YEARS, S/O RAMSAD, RESIDING
AT KALLUMTHODI, ODUNGAKKAD, PUDUPPADI,
P.O, KOZHIKODE, PUTHUPPADI,
KERALA, PIN - 673586
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 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL
OFFICER - GUJARAT, SP OFFICE - CHHOTAUDEPUR,
GHELVANT, GUJARAT, PIN - 391165
E-MAIL: [email protected]
3 THE MANAGER
THE FEDERAL BANK LTD., ENGAPUZHA BRANCH,
SAYOS BUILDING, ENGAPUZHA, PUDUPPADI,
KOZHIKKODE DISTRICT, KERALA, PIN - 673586
E-MAIL: [email protected]
4 THE STATION HOUSE OFFICER
GOTRI POLICE STATION, VADODARA,
GUJARAT, PIN - 390007
E-MAIL : [email protected]
BY ADVS.
SRI.S.MANU - DSGI
SRI.MOHAN JACOB GEORGE - SC
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. 4644 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) 4644/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE FIRST PAGE OF THE BANK
ACCOUNT STATEMENT OF THE PETITIONER'S
SAVINGS ACCOUNT, HAVING ACCOUNT NO.
99980116846689, MAINTAINED IN THE FEDERAL
BANK - ENGAPUZHA BRANCH, ISSUED ON
05.01.2024 BY THE 3RD RESPONDENT
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE
E-MAIL COMMUNICATION OF THE
ACKNOWLEDGEMENT NO. 31101240001243
FORWARDED BY THE 3RD RESPONDENT TO THE
PETITIONER ON 06.01.2024
Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED
11.01.2024 PREFERRED BY THE PETITIONER
RESPONDENTS' EXHIBITS : NIL.
