Nisha S vs Union Of India
2024 Latest Caselaw 31989 Ker

Kerala High Court

Nisha S vs Union Of India on 7 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
        Thursday, the 7th day of November 2024 / 16th Karthika, 1946
                         WP(C) NO. 39244 OF 2024(E)
PETITIONER:

     NISHA S., AGED 27 YEARS, W/O- SURAJ R, MAVELIKARA, KURATHIKAD,
     MAELIKARA, THEKKEKARA, ALAPUZHA, KERALA, PIN - 690107

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. INDIAN CYBERCRIME COORDINATION CENTRE REPRESENTED BY ITS CEO 5TH
     FLOOR, NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI,
     [email protected] , PIN - 110001
  4. STATE OF GUJARAT REPRESENTED BY THE CHIEF SECRETARY, 5TH FLOOR,
     BLOCK NO. 1, SARDAR BHAVAN SACHIVALAYA, GANDHINAGAR,GUJURAT,
     [email protected] , PIN - 382010
  5. DIRECTOR GENERAL OF POLICE GUJARAT STATE POLICE BHAVAN, GANDHINAGAR
     SECTOR 18, GANDHINAGAR, GUJARAT. [email protected]   , PIN -
     382021
  6. STATION HOUSE OFFICER CYBER CRIME CELL CID, CRIME AND RAILWAYS,
     FIFTH FLOOR, POLICE BHAVAN, SECTOR 18, GANDHINAGAR, GUJARAT. , PIN -
     382018
  7. THE RESERVE BANK OF INDIA REPRESENTED BY THE DEPUTY GENERAL MANAGER,
     RBI, BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM,
     KERALA. [email protected], PIN - 695033
  8. FEDERAL BANK REPRESENTED BY ITS BRANCH MANAGER, KURATHIKAD,
     KAVILAYIL BUILDING, THEKKEKARA P.O., KURATHIKAD, ALAPUZHA.
     [email protected], PIN - 690107


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct respondent no.8 to defreeze and remove the lien marked
account of the petitioner after and allow the petitioner to operate her
bank accounts maintained with the Federal Bank, Kurathikad Branch, bearing
savings account no.17200100062295 and to withdraw the amounts maintained
in the said bank accounts, pending disposal of the Writ Petition, in the
interest of justice.


     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.T.S.SARATH, MANU RAMACHANDRAN, R.RAJESH (VARKALA), M.KIRANLAL, SAMEER
M NAIR, SAILAKSHMI MENON, JOTHISHA K.A., AASHI K. SHAJAN & MINZA FATHIMA
 SALIM M. Advocates for the petitioner, CENTRAL GOVERNMENT COUNSEL for
respondents 1 & 3 and of SRI.MOHAN JACOB GEORGE, Advocate for respondent
8, the court passed the following:
                                 V.G.ARUN, J.
                           ------------------------------
                        W.P.(C) NO.39244 of 2024
                           ------------------------------
                Dated this the 07th day of November, 2024

                                  ORDER

Admit. Learned Central Government Counsel takes

notice for respondents 1 and 3. Adv. Mohan Jacob George

takes notice for the 8th respondent. Issue notice to

respondents 2 & 4 to 7 through speed post. Alternatively, the

petitioner is permitted to take out notice to respondents 2 & 4

to 7 through e-mail and produce proof of service.

Post on 03.12.2024.

Learned Standing Counsel submits that pursuant to

Ext.P16 judgment, freeze over the petitioner's account has

been lifted and only lien for the disputed amount is marked.

The above submission is recorded.

Sd/-

V.G.ARUN JUDGE SPV

07-11-2024 /True Copy/ Assistant Registrar