Kerala High Court
Chandan Lal Shaw vs The Station House Officer on 6 January, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:404
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 6TH DAY OF JANUARY 2025 / 16TH POUSHA, 1946
WP(C) NO. 31221 OF 2024
CRIME NO.580/2024 OF MEDICAL COLLEGE POLICE STATION,
THRISSUR
PETITIONER:
CHANDAN LAL SHAW
AGED 36 YEARS
S/O. MADAN LAL SHAW,
PROPRIETOR OF M/S. MEENA ENTERPRISE,
HOUSE NO. 412 JESSORE ROAD, SOUTH DUM DUM (M) ,
BANGUR AVENUE, NORTH 24 PARGANAS,
WEST BENGAL, PIN - 700055
BY ADVS.
S.SAJU
A.V.SAJAN
SAHDHA K.U.
RESPONDENTS:
1 THE STATION HOUSE OFFICER
THRISSUR MEDICAL COLLEGE POLICE STATION,
THRISSUR DISTRICT, PIN - 680581
2 AXIS BANK LIMITED I, KESTOPUR BRANCH
REP BY ITS BRANCH OPERATIONS HEAD, GROUND FLOOR,
MISSION BAZAR, RAJBANSHI PARA, WARD NO. 35,
KRISHNAPUR MAIN ROAD, MOUZA, KRISHNAPUR R.S NO
180, R.S KHATIAN NO 152 , R.S DAG NO 4168 4169,
KOLKATA, WEST BENGAL, PIN - 700102
3 THE MANAGER, AXIS BANK LIMITED (KESTOPUR BRANCH)
WP(C)NO.31221 OF 2024
2
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GR FL BAZAR RAJBANSHI, PARA NO 35, KRISHNAPUR RD
-. M KRISHNAPUR 180 RSKHATIANPS, BAGUIATI DIST
24, KOLKATA, WEST BENGAL, PIN - 700102
4 CITY POLICE COMMISSIONER
OFFICE OF THE CITY POLICE COMMISSIONER, THRISSUR
CITY , THRISSUR, PIN - 680001
OTHER PRESENT:
GP SRI AJITH VISWANATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)NO.31221 OF 2024
3
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JUDGMENT
Dated this the 6th day of January, 2025
This writ petition is filed to direct the 2 nd
respondent bank to lift the freezing of the petitioner's
current account Bearing No.9170 2002 7581 008.
2. The petitioners case is that, he is the holder of
the above bank account with the 2nd respondent. To the
petitioner's surprise the 2nd respondent has frozen the
petitioner's bank account pursuant to the requisition
received from respondents 1 and 4. The action of the 2nd
respondent is illegal and arbitrary. Hence, the writ
petition.
3. Heard; the learned counsel for the
petitioner and the learned counsels for the respondents.
4. When the writ petition came up for
consideration on 04.09.2024, this Court directed the
respondents 2 and 3 to confine the freezing of the
petitioner's bank account to the disputed amount. The
learned Government Pleader submits that the disputed
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amount is Rs.2,48,000/-.
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 be at full liberty
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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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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 applies to the facts of the
case on hand.
In the above conspectus, I dispose of the writ
petition by passing the following directions:
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(i). The 2nd respondent Bank is directed
to confine the freezing order of the
petitioner's bank account only 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
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intimation is received by the Bank in terms
of directions (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 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.
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The writ petition is ordered
accordingly.
Sd/-
C.S.DIAS,JUDGE
HKH/06.01.2025
WP(C)NO.31221 OF 2024
2025:KER:404
APPENDIX OF WP(C) 31221/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE GST REGISTRATION
CERTIFICATE DATED 11/08/2018 ISSUED BY
THE GOVERNMENT OF INDIA TO THE
PETITIONER
EXHIBIT P2 THE TRUE COPY OF THE TAX INVOICE
RECEIPT DATED 26.07.2024 FOR THE
PURCHASE OF THE MOBILE PHONE FROM THE
PETITIONER'S SHOP
EXHIBIT P3 THE TRUE COPY OF THE SCREENSHOT FROM
PHONE PE, REFLECTING THE TRANSFER OF
THE AMOUNT 12,000/- WITH TRANSACTION ID
T2407261241156326669183 DATED
26.07.2024
EXHIBIT P4 THE TRUE COPY OF THE COMMUNICATION
DATED 03.08.2024 ISSUED BY THE THRISSUR
MEDICAL COLLEGE POLICE STATION TO THE
MANAGER/NODAL OFFICER OF AXIS BANK
EXHIBIT P5 THE TRUE COPY OF THE FIR NO. 580/2024
DATED 02.08.2024 OF MEDICAL COLLEGE
POLICE STATION
EXHIBIT P6 THE TRUE COPY OF THE STATEMENT -
CURRENT ACCOUNT NO. 917020027581008 OF
AXIS BANK , KESTOPUR BRANCH, IFSC CODE
UTIB0002984, FOR THE PERIOD 20.07.2024
TO 31.07.2024 OF THE PETITIONER
EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN W.P
( C ) NO. 20445/2024 DATED 01.07.2024
