Kerala High Court
Sajid P.M vs The Grievance Officer on 15 September, 2025
WP(C) NO. 3725 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
WP(C) NO. 3725 OF 2025
PETITIONER/S:
SAJID P.M.
AGED 35 YEARS
S/O. ABDUL BASHEER, RESIDING AT PULLUMALAYIL HOUSE,
PERUMBALLI P.O., PUTHUPPADI, KOZHIKODE, KERALA,, PIN - 673586
BY ADVS.
SHRI.HAMZATH ALI V.K.
SMT.AYISHA AFRIN A.V.K.
SHRI.MUHAMMAD SHAMEEL K.
SHRI.ABDULLA FUHAD K.
SMT.AYISHA THASLEEMA N.P.
RESPONDENT/S:
1 THE GRIEVANCE OFFICER
NATIONAL CYBER CRIME REPORTING PORTAL - NCCRP, KERALA
REGION, REPRESENTED BY ADDITIONAL DIRECTOR GENERAL OF
POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695010
2 UNION OF INDIA
MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI,
REPRESENTED BY ITS HOME SECRETARY, PIN - 110001
3 THE HDFC BANK
THAMARASSERY BRANCH, V.K. SHOPPING COMPLEX, KARADI,
THAMARASSERY, KOZHIKODE, KERALA, REPRESENTED BY ITS
MANAGER, PIN - 673573
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4 MIRA ROAD POLICE STATION
GAURAV GALAXY, MIRA ROAD EAST, MIRA BHAYANDAR,
MAHARASHTRA REPRESENTED BY THE STATION HOUSE OFFICER, PIN -
401107
5 PATPARGANJ INDUSTRIAL AREA POLICE STATION
ISBT ANAND VIHAR, ANAND VIHAR, DELHI, REPRESENTED BY THE
STATION HOUSE OFFICER, PIN - 110092
6 MIDC WALUJ POLICE STATION,
MIDC AREA, RANJANGAO AREA, AURANGABAD, MAHARASHTRA,
REPRESENTED BY THE STATION HOUSE OFFICER.
7 POLICE STATION CYBER
NORTH EAST DELHI, ROOM NO.11, DCP OFFICE, IP EXTENSION
MANDAWALI, FAZALPUR, NEW DELHI, REPRESENTED BY THE STATION
HOUSE OFFICER
8 POLICE STATION PHASE 8
SECTOR 69, MOHALI, PANJAB SAS NAGAR, REPRESENTED BY THE
STATION HOUSE OFFICER
9 CYBER CRIME CELL IN AHMEDABAD
16, IGP OFFICE, SARKHEJ GANDHINAGAR HIGHWAY, AHMEDABAD,
REPRESENTED BY THE STATION HOUSE OFFICER.
ADDL R6 TO R9 IMPLEADED AS PER ORDER DATED 15.09.2025 IN I.A.
1/2025
BY ADVS.
SHRI.C.DINESH, CGC
SHRI.SHAHIER SINGH M.
SRI.SHARAN SHAHIER
OTHER PRESENT:
SRI.TONY AUGUSTIN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner maintains a savings bank account with
Thamarassery Branch of HDFC Bank. The account was kept
under freeze by the Bank on the basis of the requisitions
received from different Police authorities. Aggrieved by the
freezing of the account, the petitioner approached this Court in
this writ petition.
2. On 29.01.2025, an interim order was passed directing
the 3rd respondent Bank not to debit any amount from the
petitioner's bank account.
3. Learned Government Pleader appeared for
Respondent No.1, Sri.C. Dinesh learned Senior Panel Counsel
appeared for Respondent No.2, and learned Standing Counsel
appeared for Respondent No.3. Though notice was issued to the
Police authorities arrayed as respondents, there is no
appearance for them.
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4. Learned Standing Counsel for the Bank on
instructions submitted that five requisitions were received with
respect to the account of the petitioner from five different
Police authorities. She submitted that the total amount
involved is Rs.3,40,000/- [Rupees Three lakh Forty thousand
only].
5. There is no appearance for the Police authorities
despite issuance of notice. Therefore, I proceed to dispose of
this writ petition by issuing directions incorporating sufficient
conditions to protect the interest of the respondent police
authority also to avoid delay in disposal of the writ petition.
6. I hence dispose of the writ petition with the
following directions:
(i) The 3rd respondent Bank is directed to confine
the freezing of the petitioner's bank account
only to the extent of the amount mentioned in
the order/requisition issued by the Police
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Authorities. This shall be done forthwith, so as
to enable the petitioner to transact through his
account beyond the said limit;
(ii) The Police Authorities concerned 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 aforesaid
manner; and if so, for how long;
(iii) On the Bank receiving the aforesaid
information/intimation from the Police
Authorities, they shall comply with it and
complete necessary action - either continuing
the freezing or lien for such period as
mentioned therein; or withdrawing it, as the
case may be;
(iv) The police officers concerned shall inform the
Bank whether the seizure of the amount in 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 106 of the
BNSS is received by the Bank within two
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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;
(v) 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 police officer concerned and
retain proof of such service.
It is clarified that the police authority concerned shall be at
liberty to approach this Court to seek review of this judgment
if required.
The respondent Bank is not precluded from freezing
or imposing lien on the petitioner's account on receipt of any
subsequent requests/ orders from any law enforcing agencies
or courts.
The writ petition is ordered accordingly.
Sd/-
S.MANU
JUDGE
jjj
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APPENDIX OF WP(C) 3725/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE BANK STATEMENT OF THE
PETITIONER'S SAVINGS ACCOUNT, HAVING ACCOUNT
NO. 50100332001372 MAINTAINED IN THE HDFC BANK
THAMARASSERY BRANCH. ISSUED BY THE 3RD
RESPONDENT
Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE
COMMUNICATION GIVEN BY THE 3RD RESPONDENT TO
THE PETITIONER REGARDING THE ALLEGED CYBER-
CRIME INTIMATION FROM THE 4TH RESPONDENT
Exhibit P2A A TRUE COPY OF THE RELEVANT PAGES OF THE
COMMUNICATION GIVEN BY THE 3RD RESPONDENT TO
THE PETITIONER REGARDING THE ALLEGED CYBER-
CRIME INTIMATION FROM THE 5TH RESPONDENT
