Kerala High Court
Farzin Ahammed K vs Federal Bank, Palarivattom Branch ... 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. 12633 OF 2024
PETITIONER:
FARZIN AHAMMED K
AGED 27 YEARS
KARUTHEDATH KUTTICHIRA HEAD POST OFFICE
KOZHIKODE, PIN - 673001
BY ADVS.
IPSITA OJAL
MANAS P HAMEED
RESPONDENTS:
1 FEDERAL BANK, PALARIVATTOM BRANCH (REPRESENTED THROUGH
BRANCH MANAGER)
NO 35/37A, MAIN ROAD, NEAR METRO PILLAR 529,
PALARIVATTOM, KOCHI, ERNAKULAM, PIN - 682025
2 OFFICER IN CHARGE DCRB MALAPPURAM
THE DISTRICT CRIME RECORDS BUREAU, MALAPPUARAM
PALAKKAD - KOZHIKODE HWY, UP HILL,
MALAPPURAM, PIN - 676505
3 THE STATION HOUSE OFFICER
ITIATHOK POLICE STATION GONDA
UTTAR PRADESH, PIN - 271202
4 OFFICER IN CHARGE, CYBER HELPLINE MUMBAI
CYBER CRIME, CYBER CID MUMBAI CYBER CRIME,
CYBER CID MUMBAI FIRST FLOOR, BANDRA KURLA COMPLEX RD,
OPPOSITE ICICI BANK, G BLOCK BKC, BANDRA KURLA COMPLEX,
BANDRA EAST, MUMBAI, MAHARASHTRA, PIN - 400051
5 THE ADDITIONAL SUPERINTENDENT OF POLICE, HYDERABAD CITY
CENTRAL CRIME STATION BUILDING, OLD COMMISSIONER
OFFICE, BASEERBAGH, HYDERABAD, TELANGANA, PIN - 500029
SRI. MOHAN JACOB GEORGE, SC.
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. 12633 OF 2024
2
T.R.RAVI.J
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WP(C) No.12633 of 2024
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Dated this the 31st day of May, 2024
JUDGMENT
The petitioner is 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
WP(C) NO. 12633 OF 2024
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
sn
WP(C) NO. 12633 OF 2024
APPENDIX OF WP(C) 12633/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE BANK STATEMENT OF THE
PETITIONER
Exhibit P2 THE TRUE COPY OF COMMUNICATION MENTIONING THE
ACKNOWLEDGEMENT NUMBERS ISSUED BY R2 TO R5.
