Kerala High Court
Jasim Shalik M vs Union Of India on 4 June, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 16733 OF 2024
PETITIONER/S:
JASIM SHALIK M
AGED 26 YEARS
C/O USMAN MANTHONI, MANTHONI HOUSE, MUNDAPPADAM,
KURUMBALAGODE P.O., MALAPPURAM, KERALA, PIN - 679334
BY ADVS.
T.S.SARATH
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
SAMEER M NAIR
JOTHISHA K.A.
SAILAKSHMI MENON
AASHI K. SHAJAN
SMT.AKHILA B.
RESPONDENT/S:
1 UNION OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
NEW DELHI, REPRESENTED BY ITS HOME SECRETARY
[email protected], PIN - 110001
2 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER, WORLD
TRADE CENTRE, CENTRE - 1, BUILDING 32ND FLOOR, CUFFEE
PARADE, MUMBAI [email protected], PIN - 400005
3 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER, OFFICE OF
THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CID, 4TH
FLOOR, POLICE BHAVAN, SECTOR - 18, GANDHINAGAR, GUJARAT
[email protected], PIN - 382018
4 INDIAN CYBERCRIME COORDINATION CENTRE
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 5TH FLOOR,
NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI
[email protected], PIN - 110001
5 STATE OF MAHARASHTRA
REPRESENTED BY THE CHIEF SECRETARY,
CHIEF SECRETARY OFFICE, UTATMA RAJGURU CHOWK,
MADAME CAMA ROAD, MANTRALAYA, MUMBAI
[email protected], PIN - 400032
WP(C) NO. 16733 OF 2024 2
6 STATE OF GUJARAT
REPRESENTED BY THE CHIEF SECRETARY, 5TH FLOOR, BLOCK
NO. 1, SARDAR BHAVAN SACHIVALAYA, GANDHINAGAR,GUJURAT
[email protected], PIN - 382010
7 DIRECTOR GENERAL OF POLICE
NEAR THARWANI HERITAGE, SECTOR 7, KHARGHAR, NAVI
MUMBAI, MAHARASHTRA [email protected],
PIN - 410210
8 DIRECTOR GENERAL OF POLICE
GUJARAT STATE POLICE BHAVAN, GANDHINAGAR SECTOR 18,
GANDHINAGAR, GUJARAT [email protected],
PIN - 382021
9 STATION HOUSE OFFICER
FIRST FLOOR, BANDRA KURLA COMPLEX RD, OPPOSITE ICICI
BANK, G BLOCK BKC, BANDRA KURLA COMPLEX, BANDRA EAST,
MUMBAI, MAHARASHTRA [email protected],
PIN - 400051
10 STATION HOUSE OFFICER
ABU AMBAJI HIGHWAY, AMBAJI, NEAR PETROL PUMP
BANASKANTHA , GUJARAT [email protected],
PIN - 385110
11 STATION HOUSE OFFICER
NORTH REGION CYBER POLICE STATION SAMTANAGAR POLICE
STATION COMPOUND, AKURLI ROAD, KANDIVALI EAST, MUMBAI
[email protected], PIN - 400101
12 THE RESERVE BANK OF INDIA
REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI, BAKERY
JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM,
KERALA [email protected], PIN - 695033
13 KERALA GRAMIN BANK
CHUNGATHARA - POOKKOTTUMANNA ROAD, CHUNGATHARA, KERALA
REPRESENTED BY ITS BRANCH MANAGER
[email protected], PIN - 679334
SRI. JAWAHAR JOSE , SC, R13
SRI. T.C. KRISHNA, DSGI IN-CHARGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16733 OF 2024 3
JUDGMENT
This writ petition has been filed challenging the debit
freeze on the account of the petitioner maintained with the 13 th
respondent bank on account of certain notices issued by the law
enforcement agencies.
2. Learned Standing Counsel appearing for respondent
No.13 would submit that, despite the fact that there were huge
transactions in the account, present balance in the account is
only Rs.14.46/- (Fourteen Rupees and forty six paise only).
Taking into consideration the above submission, I am of the
view that this matter need not be considered on merits by this
Court. The petitioner cannot be aggrieved by a debit freeze on
an account which has a credit balance of only Rs.14.46/-
(Fourteen Rupees and forty six paise only). Leaving open all
contentions raised and making it clear that the petitioner will be
free to raise his grievances against the debit freeze before the
law enforcement agencies in question, the writ petition will
stand dismissed.
Sd/-
GOPINATH P.
JUDGE
ajt
APPENDIX OF WP(C) 16733/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT DETAILS RECEIVED
FROM THE 9TH RESPONDENT DATED 12-02-2024,
THAT THE PETITIONER IS A SUSPECT IN AN ONLINE
TRANSACTION
Exhibit P2 A TRUE COPY OF THE COMPLAINT DETAILS RECEIVED
FROM THE 10TH RESPONDENT DATED 13-03-2024,
THAT THE PETITIONER IS A SUSPECT IN AN ONLINE
TRANSACTION
Exhibit P3 A TRUE COPY OF THE NOTICE WAS RECEIVED FROM
THE 13TH RESPONDENT BANK DATED 28-03-2024,
THAT THE PETITIONER IS A SUSPECT IN AN ONLINE
TRANSACTION
Exhibit P4 A TRUE COPY OF THE STATEMENT OF TRANSACTION
DETAILS OF THE PETITIONER'S ACCOUNT FROM 01-
01-2024 TO 29-03-2024
