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Kerala High Court
Boban P A vs Union Of India on 12 January, 2026
WP(C) NO. 48111 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
MONDAY, THE 12TH DAY OF JANUARY 2026 / 22ND POUSHA, 1947
WP(C) NO. 48111 OF 2025
PETITIONER/S:
BOBAN P A
AGED 66 YEARS
S/O TG ABRAHAM, THONDUPARAMBIL PUTHEN VEETTIL, NIRANAM P.O.,
THIRUVALLA, PATHANAMTHITTA, PIN - 689621
BY ADVS.
SHRI.JINCE T. THOMAS
SRI.GOKUL D. SUDHAKARAN
SHRI.SRIRAM R.B.
SHRI.DILSHAD SHAJI
SHRI.ANEESHRAJ R.
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS,
NEW DELHI, PIN - 110001
2 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY-8, MAHIPALPUR,
NEW DELHI, PIN - 110037
3 THE STATE POLICE CHIEF
GUJARAT STATE POLICE, STATE POLICE BHAWAN, SECTOR 18,
GANDHINAGAR, GUJARAT, EMAIL : [email protected],
PIN - 382009
WP(C) NO. 48111 OF 2025
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4 INSPECTOR OF POLICE
GANDHIGRAM-2(UNI) POLICE STATION, MUNJY VILLAGE, UNIVERSITY
ROAD, RAJKOT EMAIL : [email protected], PIN -
360005
5 STATE BANK OF INDIA
REPRESENTED BY ITS AUTHORISED OFFICER, NIRANAM BRANCH,
THIRUVALLA, KERALA, PIN - 689621
6 THE STATION HOUSE OFFICER
PULIKEEZHU POLICE STATION, THIRUVALLA, PATHANAMTHITTA, PIN -
689104
BY ADVS.
SHRI.ANISH JAIN
SHRI.JACOB SEBASTIAN
SMT.ANU JACOB
OTHER PRESENT:
SMT.K.M.RESHMI, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2026, 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/hold 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/hold 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.4 for an amount
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of Rs.1,40,260/- for holding the said amount in the account of
the Petitioner mentioned in the Writ Petition.
3. This Court considered similar issues relating to the debit
freeze/lien 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].
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/hold 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:
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i) The Respondent/Bank is directed to confine the order of
freeze/lien/hold 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.
ii) The respondents - Police Authorities concerned are hereby directed
to inform the Bank as to whether freezing/lien/hold 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/hold for such
period as mentioned therein; or withdrawing it, as the case may be.
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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.
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/hold imposed on the Petitioner's
account.
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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/hold 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.
viii) The frozen/lien/hold 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. 48111 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH
RESPONDENT DATED 06-09-2025
Exhibit P2 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO
THE 5TH RESPONDENT DATED 23-09-2025
Exhibit P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER DATED 27-11-2025
Exhibit 4 TRUE COPY OF THE COMPLAINT PREFERRED BY THE
PETITIONER BEFORE THE PULIKEEZHU POLICE STATION
DATED 24-10 2025 IS PRODUCED HEREWITH AND MARKED
AS EXHIBIT-P4.
