Kerala High Court
Harshad A.R vs Union Of India on 6 June, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
WP(C) NO. 18142 OF 2024
PETITIONER:
HARSHAD A.R
AGED 21 YEARS
S/O RASHEED A.H,ANJILAKADAVATH HOUSE, KADANGOD
P.O,TRISSSUR, PIN - 680584
BY ADVS.
NESAMUDHEEN
E.ADITHYAN
SAFA C.M.
RESPONDENTS:
1 UNION OF INDIA
MINISTRY OF HOME AFFAIRS REPRESENTED BY ITS HOME
SECRETARY NORTH BLOCK, NEW DELHI, PIN - 110001
2 STATE OF KERALA
REP BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 682031
3 STATE BANK OF INDIA
THROUGH THE BRANCH MANAGER ERUMAPETTY BRANCH, AL-HIDAYA
COMPLEX, TRISSURE EMAIL: [email protected], PIN -
680584
4 THE STATION HOUSE OFFICER
SHOSADARTSR POLICE STATION, THANESAR SADAR,
KURUKSHETRA, HARYANA EMAIL -
[email protected], PIN - 136131
5 STATE POLICE CHIEF HARYANA
POLICE HEADQUARTER, SECTOR-6, CITY-PANCHKULA, HARYANA,
PIN - 134109
SRI.V.GIRISH KUMAR, CGC
SRI.RAJEEV JYOTHISH GEORGE, GP
SRI.JITHESH MENON, SC
SRI.P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P. ()
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18142 OF 2024 2
T.R. RAVI, J.
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W.P.(C)No.18142 of 2024
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Dated this the 6th day of June, 2024
JUDGMENT
The petitioner is a holder of an account with the
respondents Bank and his account has been frozen on
intimation by Police Authorities. The Court had, at the time of
admission, issued interim directions to restrict the freezing of
the accounts to the amount which had been subject matter of
the dispute, as per the intimation received from the Police
authorities. The Bank has also taken action to that extent
pursuant to the directions issued by this Court. In similar
cases, this Court had after issuance of such interlocutory
orders, closed the writ petitions with certain directions.
Paragraph No.12 of the directions issued in Dr.Sajeer v.
Reserve Bank of India [ 2023 KHC OnLine 661] is
extracted hereunder;
"12. In fact, should the criminal enquiry found
otherwise, it will be doubtful if the amounts in
question could be even recovered from the
petitioners, if they have received it as part of
bonafide or other valid transactions, unaware of
it being proceeds of crime.
In the conspectus of the above, I order these
Writ Petitions with the following directions:
a. The respondent Banks arrayed in these
cases, are directed to confine the order of freeze
against the accounts of the respective
petitioners, 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 petitioners to
deal with their accounts, and transact therein,
beyond that limit.
b. The respondent - Police Authorities
concerned are hereby directed to inform the
respective Banks as to whether freezing of
accounts of the petitioners in these Writ
Petitions 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 Banks receiving the afore
information/intimation from the Police
Authorities, they will adhere with it 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 their Banks in terms of
directions (b) above, the petitioners or such
among them, will be at full liberty to approach
this Court again; for which purpose, all their
contentions in these Writ Petitions are left open
and reserved to them, to impel in future."
This writ petition is disposed of with the above said
directions.
Sd/-
T.R.RAVI
JUDGE
LEK
APPENDIX OF WP(C) 18142/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF EMAIL DATED 17/10/2023
RECEIVED FROM THE 3RD RESPONDENT
Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED
13.11.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT BANK
