Kerala High Court
Rasheed V vs Union Of India on 31 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 14967 OF 2024
PETITIONER:
RASHEED V
AGED 33 YEARS
S/O KUNJALI VALAPRA, EDADI HOUSE, ARIMBRA P.O.,
MORAYUR, MALAPPURAM, KERALA, PIN - 673638
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.
RESPONDENTS:
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, OFFICE OF
THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CID, 4TH
FLOOR, POLICE BHAVAN, SECTOR - 18, GANDHINAGAR, GUJARAT
[email protected], PIN - 382018
3 NATIONAL CYBER CRIME REPORTING PORTAL
ADDITIONAL SUPERINTENDENT OF POLICE, ECONOMIC OFFENCES
WING (EOW), OFFICE OF THE ADDL. DIRECTOR GENERAL OF
POLICE, CRIME INVESTIGATION DEPARTMENT, AP DGP HEAD
QUARTERS, FIRST FLOOR, MANGALAGIRI, GUNTUR URBAN
DISTRICT, ANDHRA PRADESH [email protected], PIN - 522503
WP(C) NO. 14967 OF 2024 2
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 GUJARAT
REPRESENTED BY THE CHIEF SECRETARY, 5TH FLOOR,
BLOCK NO. 1, SARDAR BHAVAN SACHIVALAYA,
GANDHINAGAR,GUJURAT [email protected],
PIN - 382010
6 STATE OF ANDHRA PRADESH
REPRESENTED BY THE CHIEF SECRETARY, BUILDING #1,
1ST FLOOR, INTERIM GOVERNMENT COMPLEX, A.P.
SECRETARIAT, VELAGAPUDI, GUNTUR, ANDHRA PRADESH
[email protected], PIN - 522503
7 DIRECTOR GENERAL OF POLICE
GUJARAT STATE POLICE BHAVAN, GANDHINAGAR SECTOR 18,
GANDHINAGAR, GUJARAT [email protected], PIN -
382021
8 DIRECTOR GENERAL OF POLICE
POLICE HEADQUAETERS, HYDERABAD CITY
[email protected], PIN - 500004
9 STATION HOUSE OFFICER
ANKLESHWAR POLICE STATION, STATION ROAD, RAILWAY
STATION, ANKLESHWAR GIDC, ANKLESHWAR, GUJARAT, PIN
- 393001
10 STATION HOUSE OFFICER
CHITTOOR ONE TOWN POLICE STATION, CHITTOOR - PONNAI
ROAD, MITTOOR, CHITTOOR, ANDHRA PRADESH
[email protected], PIN - 517001
11 THE RESERVE BANK OF INDIA
REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI,
BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA
[email protected], PIN - 695033
WP(C) NO. 14967 OF 2024 3
12 AXIS BANK
NAJATH BUILDING, KONDOTTY BYPASS ROAD, KONDOTTY,
KERALA [email protected], PIN - 673636
13 CATHOLIC SYRIAN BANK
GROUND FLOOR, PPA COMPLEX, NEARBY VALLUVAMBRAM
JUNCTION, KOZHIKODE PALAKKAD HIGHWAY, MONGAM,
MALAPPURAM [email protected], PIN - 673642
SRI. V. GIREESH KUMAR, CGC.
SRI.MADHU RADHAKRISHNAN, SC
SRI.NELSON JOSEPH
SRI.M.D.JOSEPH
SRI.DEEPAK ASHOK KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 14967 OF 2024 4
T.R. RAVI, J.
--------------------------------------------
W.P.(C)No.14967 of 2024
--------------------------------------------
Dated this the 31st day of May, 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) 14967/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT DETAILS
RECEIVED FROM THE 9TH RESPONDENT DATED
04-01-2024, 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
18-02-2024, THAT THE PETITIONER IS A
SUSPECT IN AN ONLINE TRANSACTION
Exhibit P3 A TRUE COPY OF THE STATEMENT OF ACCOUNT
MADE FOR THE PERIOD FROM 20-11-2023 TO
30-11-2023 BY THE PETITIONER'S ACCOUNT
Exhibit P4 A TRUE COPY OF THE STATEMENT OF ACCOUNT
MADE FOR THE PERIOD FROM 07-02-2024 TO
04-03-2024 BY THE PETITIONER'S ACCOUNT
