Kerala High Court
Umer Farook Valiyat vs Union Of India on 4 April, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:29129
W.P.(C.) No.7864 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947
WP(C) NO. 7864 OF 2025
PETITIONER:
UMER FAROOK VALIYAT
AGED 39 YEARS
S/O ABOOBACKER RESIDING AT VALIYATT HOUSE, N K
ROAD, TIRURANGADI P.O, MALAPPURAM DISTRICT,
PIN - 676306
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
MUHAMMED SWADIQ
O.MOHAMED BASIL KOYA THANGAL
M.R.ALPHY GEORGE
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY MINISTRY OF HOME AFFAIRS, NORTH
BLOCK, NEW DELHI, REPRESENTED BY ITS HOME
SECRETARY, PIN - 110001
2 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER -
RAJASTHAN, INSPECTOR GENERAL OF POLICE, STATE CRIME
RECORD BUREAU, JAIPUR, RAJASTHAN E-MAIL: CCPS-
[email protected], PIN - 302016
3 FEDERAL BANK LIMITED,
CHEMMAD BRANCH, MAJESTIC TOWER, PARAPPANANGADI
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W.P.(C.) No.7864 OF 2025
2
ROAD, TIRURANGADI P.O., CHEMMAD, MALAPPURAM
DISTRICT, REPRESENTED BY ITS BRANCH MANAGER,
PIN - 676306
4 THE INSPECTOR OF POLICE
GANJ POLICE STATION, SUBJI MANDI ROAD, DARGAH
BAZAR, AJMER DISTRICT, RAJASTHAN E-MAIL:
[email protected], PIN - 305001
DSGI - SRI T C KRISHNA
SC - SRI MOHAN JACOB GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C.) No.7864 OF 2025
3
C.S.DIAS, J
---------------------------------
W.P.(C.) No. 7864 of 2025
--------------------------------------------------
Dated this the 4th day of April, 2025
JUDGMENT
The writ petition is filed to direct the 3 rd respondent
bank to lift the freezing of the petitioner's bank account
bearing No.99980108190930.
2. The petitioner is the holder of the above bank
account with the 3rd respondent bank. The petitioner
contends that the 3rd respondent has frozen the petitioner's
bank account pursuant to the requisition received from the
4th respondent. The action of the 3rd respondent is illegal
and arbitrary. Hence, this writ petition.
3. Heard; the learned counsel appearing for the
petitioner and the learned counsel for the 3rd respondent.
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W.P.(C.) No.7864 OF 2025
4. The learned counsel for the 3rd respondent
submitted that the disputed amount is Rs.220/-. The said
submission is recorded.
5. In considering an identical matter, this Court in
Dr.Sajeer v. Reserve Bank of India [2024 (1) KLT 826]
held as follows:
" 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
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W.P.(C.) No.7864 OF 2025
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."
6. Subsequently, this Court in Nazeer K.T v.
Manager, Federal Bank Ltd [2024 KHC OnLine 768],
after concurring with the view in Dr.Sajeer's case
(supra) and taking into consideration Section 102 of the
Code of Criminal Procedure (now Section 106 of the
Bharatiya Nagarik Suraksha Sanhita, 2023] and the
interpretation of Section 102 of the Code laid down by
the Hon'ble Supreme Court in State of Maharashtra v.
Tapas D Neogy [(1999) 7 SCC 685], Teesta Atul
Setalvad v. State of Gujarat [(2018) 2 SCC 372] and
Shento Varghese v. Julfikar Husen and others [2024
SCC OnLine SC 895], has held thus:
"8. The above discussion leads to the
conclusion that, while delay in forthwith reporting
the seizure to the Magistrate may only be an
irregularity, total failure to report the seizure will
definitely have a negative impact on the validity of
the seizure. In such circumstances, account
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W.P.(C.) No.7864 OF 2025
holders like the petitioner, most of whom are not
even made accused in the crimes registered,
cannot be made to wait indefinitely hoping that
the police may act in tune with S.102 and report
the seizure as mandated under Sub-section (3) at
some point of time. In that view of the matter, the
following direction is issued, in addition to the
directions in Dr.Sajeer (supra).
(i) The Police officer concerned shall inform
the banks whether the seizure of the bank account
has been reported to the jurisdictional Magistrate
and if not, the time limit within which the seizure
will be reported. If no intimation as to the
compliance or the proposal to comply with the
S.102 is informed to bank within one month
ofreceipt of a copy of the judgment, the bank shall
lift the debit freeze imposed on the petitioner's
account.
(ii) In order to enable the police to comply
with the above direction, the bank as well as the
petitioner shall forthwith serve a copy of this
judgment to the officer concerned and retain proof
of such service.
7. I am in complete agreement with the views in
Dr.Sajeer and Nazeer K.T cases (supra). The above
principles squarely apply to the facts of the case on hand.
In the above conspectus, I dispose of the writ
petition by passing the following directions:
(i) The 3rd respondent Bank is directed to confine the
freezing order of the petitioner's bank account only
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W.P.(C.) No.7864 OF 2025
to the extent of the amount mentioned in the
order/requisition issued by the Police Authorities.
The above exercise shall be done forthwith, so as
to enable the petitioner to transact through his
account beyond the said limit;
(ii) The Police Authorities are hereby directed to
inform the Bank as to whether freezing of the
petitioner's account will be required to be
continued even in the afore manner; and if so, for
what further time;
(iii) On the Bank 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;
(iv) If, however, no information or intimation is
received by the Bank in terms of direction (ii)
above, the petitioner will be at full liberty to
approach this Court again; for which purpose, all
his contentions in this Writ Petition are left open
and reserved to him, to impel in future;
(v) The jurisdictional police officers shall inform the
Bank whether the seizure of the bank account has
been reported to the jurisdictional Magistrate and
if not, the time limit within which the seizure will
be reported. If no intimation as to the compliance
or the proposal to comply with Section 102 of the
Cr.P.C. is received by the Bank within two months
of receipt of a copy of this judgment, the Bank shall
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W.P.(C.) No.7864 OF 2025
lift the debit freeze or remove the lien, as the case
may be, on the petitioner's bank account;
(vi) In order to enable the Police to comply with the
above direction, the Bank, as well as the petitioner,
shall forthwith serve a copy of this judgment to the
jurisdictional officer and retain proof of such
service.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS
SCB.04.04.25 JUDGE
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W.P.(C.) No.7864 OF 2025
APPENDIX OF WP(C) 7864/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE STATEMENTS OF
ACCOUNTS OF THE PETITIONER'S BANK ACCOUNT
BEARING NO: 99980108190930 FOR THE PERIOD
24.08.2024 TO 20.02.2025
Exhibit P2 THE TRUE COPY OF THE COMMUNICATION DATED
24.04.2024 ISSUED TO THE PETITIONER BY
THE 3RD RESPONDENT BANK
Receipt Receipt
Exhibit P3 THE TRUE COPY OF THE COMMUNICATION DATED
23.08.2024 ISSUED TO THE PETITIONER BY
THE 3RD RESPONDENT BANK
