Kerala High Court
Aikon Infoserve 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. 18417 OF 2024
PETITIONER:
AIKON INFOSERVE
12/590/V,W,X, MEACHEERI TOWER, OPPOSITE POST OFFICE, RS
ROAD, THUVOOR, MALAPPURAM REPRESENTED BY ITS PROPRIETOR
SREEJITH P, PIN - 673327
BY ADVS.
EBIN MATHEW
P.J.MATHEW
AKHILA SHOJI
JAEONA JAMES
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS,
NEW DELHI, PIN - 110001
2 RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI,
MAHARASHTRA, PIN - 400029
3 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY-
8,MAHIPALPUR,NEW DELHI, PIN - 110037
4 SENIOR SUPERINTENDANT OF POLICE,KAPURTHALA
OFFICE OF SENIOR SUPERINTENDENT OF POLICE NEW COURT
COMPLEX, KARTARPUR ROAD, KAPURTHALA,PANJAB, PIN -
144601
5 STATION HOUSE OFFICER
STATION HOUSE OFFICER, DAKHA LUDIANA RURAL POLICE
STATION MULLANPUR DAKHA,PANJAB-, PIN - 141101
6 CYBER CRIME POLICE STATION, ALAPPUZHA,
MUKHAM PURAYIDOM, CIVIL STATION WARD, ALAPPUZHA, KERALA
REPRESENTED BY STATION HOUSE OFFICER, PIN - 688012
WP(C) NO. 18417 OF 2024 2
7 THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
8 HDFC BANK, PERINTHALMANNA BRANCH
SREE COMPLEX, CALICUT
ROAD,PERINTHALMANNA,MALAPPURAM REPRESENTED BY ITS
BRANCH MANAGER, PIN - 679322
SRI.V.GIRISH KUMAR, CGC
SRI.V.PREMCHAND, SC
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. 18417 OF 2024 3
T.R. RAVI, J.
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W.P.(C)No.18417 of 2024
--------------------------------------------
Dated this the 6th day of June, 2024
JUDGMENT
The petitioner is a holder of an account with the
respondents Bank and their 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) 18417/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE GST REGISTRATION OF
THE PETITIONER
Exhibit P2 A TRUE COPY OF THE E-MAIL DATED
18/01/2024 ISSUED BY THE 8TH RESPONDENT
TO THE PETITIONER
Exhibit P3 A TRUE COPY OF THE E-MAIL ISSUED BY THE
8TH RESPONDENT BANK DATED 05/03/2024
Exhibit P4 A TRUE COPY OF THE INTERIM ORDER DATED
23/04/2024 IN WPC 16274 OF 2024 IS
Exhibit P 5 A TRUE COPY OF THE E-MAIL RECEIVED BY THE
PETITIONER FROM THE 8TH RESPONDENT BANK
DATED 29/04/2024 ALONG WITH THE
ATTACHMENTS
Exhibit P6 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PROPRIETOR OF THE
PETITIONER BEFORE THE 8TH RESPONDENT BANK
DATED 15/05/2024
