Kerala High Court
Abdul Shareef. T vs Hdfc Bank on 23 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 1216 OF 2024
PETITIONER:
ABDUL SHAREEF. T., AGED 35 YEARS
S/O ABDUL SALAM, THANDILAN, MANNILTHODIKA,
MAMBAD, MALAPPURAM DISTRICT, NOW RESIDING AT
AL KARMA, MANKOOL STAR, ABCI, BUILDING FLAT
NO. 206, DUBAI, UAE REPRESENTED BY HIS POWER
OF ATTORNEY HOLDER SHIRAJ T, AGED 29 YEARS,
S/O ABDUL SALAM, THANDILAN, MANNILTHODIKA,
MAMBAD, MALAPPURAM DISTRICT., PIN - 676542
BY ADVS.
K.MOHAMMED RAFEEQ
P.M.MATHEW
BIBIN MATHEW
AMARNATH R LAL
SANALDEV E.P.
VISHNUMAYA ANANDAN
SONYMON ANTONY
AJMAL V. KARIM
RESPONDENTS:
1 HDFC BANK, NILAMBUR BRANCH, GROUND AND FIRST FLOOR,
DOOR NO. 1/554-D AND 1/554-H, PB BUSINESS POINT,
KOVILAKOM ROAD, NILAMBUR, MALAPPUARM DISTRICT,
REPRESENTED BY BRANCH MANAGER., PIN - 679329
2 BRANCH MANAGER, HDFC BANK, NILAMBUR BRANCH,
GROUND AND FIRST FLOOR, DOOR NO. 1/554-D AND
1/554-H, PB BUSINESS POINT, KOVILAKOM ROAD,
NILAMBUR, MALAPPUARM DISTRICT., PIN - 679329
3 NODAL OFFICER, NATIONAL CYBER CRIME REPORTING
PORTAL, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF
INDIA, NEW DELHI., PIN - 110037
4 STATION HOUSE OFFICER, SHOSHAHABAD POLICE STATION,
KURUSHETRA, HARYANA., PIN - 136135
WPC 1216/24
2
5 ADDITIONAL DIRECTOR GENERAL OF POLICE, POLICE
HEADQUARTER,SECTOR-6, CITY-PANCHKULA, HARYANA,
PIN - 134109
6 CYBER POLICE STATION, WEST REGION CRIME BRANCH,
MUMBAI, PIN - 400051
7 ADDITIONAL DIRECTOR GENERAL OF POLICE, POLICE
HEADQUARTES, OLD COUNCIL HALL,SHAEED BHAGAT SINGH
MARG, CITY-MUMBAI, PIN - 400001
BY ADVS
SRI.PREMCHAND M M
SRI. S.MANU, DSGI FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 1216/24
3
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 his account,
and transact therein, beyond that 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 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 impel in future.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 1216/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE EMAIL EXTRACTION OF THE
COMPLAINT DETAILS ALLEGING ONLINE
FINANCIAL FRAUD INVOLVING THE PETITIONER'S
BANK ACCOUNT.
Exhibit-P2 TRUE COPY OF THE REPRESENTATION DATED
21.12.2023 SUBMITTED VIA EMAIL BY THE
PETITIONER BEFORE THE SECOND RESPONDENT
