Kerala High Court
Muhammed Nisar V vs Union Of India on 28 May, 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 13756 OF 2024
PETITIONER:
MUHAMMED NISAR V
AGED 30 YEARS
S/O.HAMZA, VEERAMANGALAM HOUSE, AMBAZHAKKODE,
KOTTOPPADAM P.O.,PALAKKAD, KERALA, PIN - 678 583
BY ADVS.
T.S.SARATH
MANU RAMACHANDRAN
M.KIRANLAL
R.RAJESH (VARKALA)
SAMEER M NAIR
JOTHISHA K.A.
SAILAKSHMI MENON
AASHI K. SHAJAN
RESPONDENTS:
1 UNION OF INDIA
MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI,
REPRESENTED BY ITS HOME SECRETARY
[email protected], PIN - 110 001
2 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER, UPLC,
NAVCHETNA KENDRA, 10 ASHOK MARG, LUCKNOW,
UTTAR PRADESH [email protected], PIN - 226001
3 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER, POLICE
HEADQUARTERS, LALKOTHI, JAIPUR
[email protected], PIN - 302015
4 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER, CRIME
INVESTIGATION DEPARTMENT, 1ST FLOOR, MANGALAGIRI, GUNTUR
URBAN DISTRICT HARYANA. [email protected], PIN - 522503
5 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER, ECONOMIC
OFFENCE WING, TAMILNADU, SMT. MEENA, SIDCO, ALANDUR
ROAD,SIDCO INDUSTRIAL ESTATE, GUINDY, CHENNAI, TAMILNADU
[email protected], PIN - 600032
6 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
WP(C) NO. 13756 OF 2024
2
7 INDIAN CYBERCRIME COORDINATION CENTRE
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 5TH FLOOR,
NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI
[email protected], PIN - 110001
8 STATE OF UTTAR PRADESH
REPRESENTED BY THE CHIEF SECRETARY, 101, 'B' BLOCK, LOK
BHAWAN, U.P SECRETARIAT, LUCKNOW [email protected], PIN -
226001
9 STATE OF RAJASTHAN
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, JAIPUR
[email protected], PIN - 302005
10 STATE OF HARYANA
REPRESENTED BY ITS CHIEF SECRETARY, 4TH FLOOR, CIVIL
SECRETARIAT, SECTOR 1, CHANDIGARH [email protected], PIN
- 160001
11 STATE OF TAMILNADU
REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
CHENNAI, TAMILNADU. [email protected], PIN - 600009
12 STATE OF MAHARASHTRA
REPRESENTED BY THE CHIEF SECRETARY, CHIEF SECRETARY
OFFICE, HUTATMA RAJGURU CHOWK, MADAME CAMA ROAD,
MANTRALAYA, MUMBAI [email protected], PIN - 400032
13 DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, 12TH FLOOR, TOWER 2, GOMTINAGAR
EXT, SHAHIDPATH LUCKNOW, UTTAR PRADESH DGPCONTROL-
[email protected], PIN - 226002
14 DIRECTOR GENERAL OF POLICE
J-9, JHALANA INSTITUTIONAL AREA, JHALANA DOONGARI,
JAIPUR [email protected], PIN - 302004
15 DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS, SECTOR-6, PANCHKULA, HARYANA
[email protected], PIN - 134109
16 DIRECTOR GENERAL OF POLICE
DR.RADHAKRISHNAN SALAI, MYLAPORE, CHENNAI. TAMILNADU
[email protected], PIN - 600004
17 DIRECTOR GENERAL OF POLICE
NEAR THARWANI HERITAGE, SECTOR 7, KHARGHAR, NAVI MUMBAI,
MAHARASHTRA [email protected], PIN - 410210
18 STATION HOUSE OFFICER
T P NAGAR POLICE STATION, SABUN GODAM, JWALA NAGAR,
NAVAL VIHAR, MEERUT, UTTAR PRADESH
[email protected], PIN - 250002
19 STATION HOUSE OFFICER
KARDHANI POLICE STATION, KARDHANI MARKET ROAD, KARDHANI
GOVINDPURA, JAIPUR, RAJASTHAN [email protected], PIN
- 302012
WP(C) NO. 13756 OF 2024
3
20 STATION HOUSE OFFICER
2045, SAFIDON ROAD, B-BLOCK SECTOR 10, B BLOCK, HOUSING
BOARD COLONY, URBAN ESTATE, JIND, HARYANA - 126102
[email protected], PIN - 126102
21 STATION HOUSE OFFICER
SITHUPATTI POLICE STATION, USILAMPATTI ROAD,
TIRUMANGALAM TAMILNADU [email protected], PIN
- 625703
22 STATION HOUSE OFFICER
KOLSEWADI POLICE STATION, PUNE LINK ROAD, GANESH GHAT,
NEAR VITHALWADI, RAILWAY STATION, KALYAN, MAHARASHTRA
[email protected], PIN - 421306
23 THE RESERVE BANK OF INDIA
REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI, BAKERY
JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM,
KERALA [email protected], PIN - 695033
24 UNION BANK OF INDIA
KUDU SHOPPING COMPLEX, NEAR BUS STAND, PALAKKAD ROAD,
MANNARKKAD, KERALA [email protected], PIN
- 678582
SRI. V. GIRISH KUMAR, CGC,
SRI.,A.S.P. KURUP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13756 OF 2024
4
T.R.RAVI.J
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WP(C) No.13756 of 2024
--------------------------------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
The petitioner is holder of an account with the Bank and
his account has been frozen on intimation by Police Authorities.
The Court had, at the time of admission, issued notice to
respondents 8 to 23 and the same has been served. In similar
cases, this Court had after issuance of 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
WP(C) NO. 13756 OF 2024
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
sn
WP(C) NO. 13756 OF 2024
APPENDIX OF WP(C) 13756/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT DETAILS RECEIVED
FROM THE 18TH RESPONDENT STATING, THAT THE
PETITIONER IS A SUSPECT IN AN ONLINE
TRANSACTION DATED 24.02.2023
Exhibit P2 A TRUE COPY OF THE COMPLAINT DETAILS RECEIVED
FROM THE 19TH RESPONDENT STATING, THAT THE
PETITIONER IS A SUSPECT IN AN ONLINE
TRANSACTION DATED 27.02.2023
Exhibit P3 A TRUE COPY OF THE COMPLAINT DETAILS RECEIVED
FROM THE 20TH RESPONDENT STATING, THAT THE
PETITIONER IS A SUSPECT IN AN ONLINE
TRANSACTION DATED 03.03.2023
Exhibit P4 A TRUE COPY OF THE COMPLAINT DETAILS RECEIVED
FROM THE 21ST RESPONDENT STATING, THAT THE
PETITIONER IS A SUSPECT IN AN ONLINE
TRANSACTION DATED 03.03.2023
Exhibit P5 A TRUE COPY OF THE COMPLAINT DETAILS RECEIVED
FROM THE 22ND RESPONDENT STATING, THAT THE
PETITIONER IS A SUSPECT IN AN ONLINE
TRANSACTION DATED 01.05.2023
Exhibit P6 A TRUE COPY OF THE STATEMENT OF TRANSACTION
DETAILS OF THE PETITIONER'S ACCOUNT FROM 01-
01-2023 TO 31-12-2023
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
