[Cites 4, Cited by 0]
Kerala High Court
Go Kite Travels & Tours Llp vs Hdfc Bank Limited on 10 February, 2026
WP(C) NO. 4446 OF 2026
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
WP(C) NO. 4446 OF 2026
PETITIONER/S:
GO KITE TRAVELS & TOURS LLP
HAVING ITS REGISTERED ADDRESS AT 2ND FLOOR, FAIR MOUNT
TOWER, MAVOOR RD, ARAYIDATHUPALAM, KOZHIKODE-
REPRESENTED BY ITS DESIGNATED PARTNER
*UMER MUQTHAR,
PEEDIKATHODUKAYIL, S/O MUHAMMED ,
R/O PEEDIKATHODUKAYIL, KODUVALLY,
KOZHIKODE, PIN - 673004:
*CORRECTED AS :
UMER MUQTHAR , AGED 30 YEARS
AS PER ORDER DATED 09.02.2026 IN I.A.NO.1/2026 IN WPC
4446/2026
BY ADVS.
SHRI.MAAROOF
SMT.NAFIYA SHAHALA C.K.
RESPONDENT/S:
1 HDFC BANK LIMITED
MAJESTIC CENTRE, KOZHIKODE, KERALA, INDIA,
REPRESENTED BY ITS BRANCH MANAGER, PIN - 673004
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2 THE STATION HOUSE OFFICER
KHADKI POLICE STATION, PUNE MUMBAI HIGHWAY,
CHURCH CHOWK, PUNE, MAHARASHTRA, PIN - 411003
3 THE STATION HOUSE OFFICER
NADAKKAVU POLICE STATION, KOZHIKODE DISTRICT REPRESENTED BY
THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
ADV.SRI. PRATHEESH CHACKO, SC
SMT. SHEEBA G., G.P.
OTHER PRESENT:
SRI.TONY AUGUSTINE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
1. The Petitioner has filed this Writ Petition challenging the debit
freezing/lien of his Bank account with the Respondent/Bank at
the requisition of the Police Authorities. The case of the
Petitioner is that the Petitioner is not an accused in the Crime
registered by the Police authorities against some other persons,
in which the requisition was made; that the Petitioner is in no
way connected with the said Crime; and that the debit
freezing/lien of the account is in violation of Sections 106 & 107
of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and
Article 300A of the Constitution of India.
2. The learned Counsel for the Respondent/Bank, after getting
instructions from the Bank, confirmed that the Bank has
received a Requisition from the Respondent No.2 for an amount
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of Rs.1,40,000/- for debit freezing of the account of the
Petitioner mentioned in the Writ Petition, and hence, the Bank
has effected debit freezing of the account of the Petitioner. The
learned Government Pleader submitted that there are twelve
other Requisitions for debit freezing/marking lien on the account
of the Petitioner mentioned in the Writ Petition. The learned
Standing Counsel for the Respondent/Bank submitted that the
Bank has not received the Requisitions. The Respondent/Bank
is free to effect the debit freezing/lien in accordance with the
future requisitions received by it.
3. The issue is covered by the decisions of this Court in Dr. Sajeer
v. Reserve Bank of India [2024 (1) KLT 826], Nazeer K.T. v. Manager,
Federal Bank, Makkaraparamba Branch [2024 KHC 768] and Abhiraj
Rajan v. State of Kerala [2025 KHC 1676].
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4. This Court has been consistently issuing the directions
contained in the aforesaid decisions with two other directions for
effecting uncommunicated/further requisitions for debit
freeze/lien and making the frozen amount at the disposal of the
jurisdictional Magistrate's Court. This Writ Petition is to be
disposed of, incorporating the same directions.
5. Accordingly, this Writ Petition is disposed of with the following
directions:
i) The Respondent/Bank is directed to confine the order of freeze/lien
against the account of the Petitioner only to the extent of the amounts
mentioned in the orders/requisitions issued to the Bank by the Police
Authorities, and it shall be done forthwith so as to enable the
Petitioner to deal with his account and transact therein beyond that
limit.
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ii) The respondents - Police Authorities concerned are hereby directed
to inform the Bank as to whether freezing/lien of the account of the
Petitioner will require to be continued even in the aforesaid 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.
iii) On the Bank receiving the aforesaid information/intimation from the
Police Authorities, the Bank will adhere to it and complete necessary
action - either continuing the freeze/lien 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
the Writ Petitions are left open and reserved to him, to impel in the
future.
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v) The Police Officer concerned 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 Cr.P.C. (Section 106 BNSS) is informed to
the Bank within three months of receipt of a copy of the judgment, the
Bank shall lift the freeze/lien imposed on the Petitioner's 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 officer concerned and retain proof of such service.
vii) The directions of this Court in this judgment will not stand in the way
of the Bank effecting freezing/lien based on the requisitions
communicated in the future to the Bank with respect to the same
account of the Petitioner, and in such case, the Petitioner will be at
liberty to challenge the same.
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viii) The frozen/lien amount, if any, lying in the account of the Petitioner in
accordance with the aforementioned directions, shall be at the
disposal of the jurisdictional Magistrate.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
Shg/
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APPENDIX OF WP(C) NO. 4446 OF 2026
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF INCORPORATION
ISSUED BY THE REGISTRAR OF COMPANIES
Exhibit P2 A TRUE COPY OF THE EMAIL TRAIL BETWEEN THE
PETITIONER AND THE RESPONDENT NO.1 BANK
