[Cites 4, Cited by 0]
Kerala High Court
Amina Noushad vs Reserve Bank Of India, Represented By ... on 31 January, 2026
2026:KER:8179
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
WP(C) NO. 2237 OF 2026
PETITIONER:
AMINA NOUSHAD
AGED 31 YEARS
DARUL AMAN, ERAMATHOOR PO, MANNAR, PIN - 689622
BY ADVS.
SMT.SHIFA LATHEEF
SMT.AKHILASREE BHASKARAN
RESPONDENTS:
1 RESERVE BANK OF INDIA, REPRESENTED BY AUTHORIZED
OFFICER,
NO.6507, BAKERY JCT RD, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM, KERALA ., PIN - 695033
2 THE BRANCH MANAGER
CANARA BANK, OYUR BRANCH, JS BLDG BUILDING, MAIN ROAD,
OYUR, KOTTARAKKARA TQ, KOLLAM DISTRICT, PIN - 691510
3 OFFICER IN CHARGE, CYBER CRIME BRANCH
OFFICE OF SUPERINTENDENT OF POLICE, DISTRICT-UNNAO, UP
INDIA, E-MAIL:[email protected], PIN - 209801
4 STATION HOUSE OFFICER
MANNAR POLICE STATION, MANNAR, MANNAR GRAMA PANCHAYATH,
ALAPPUZHA, KERALA , INDIA,
EMAIL : [email protected], PIN - 689626
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WP(C) NO. 2237 OF 2026
2
BY ADV. SRI.GOPIKRISHNAN NAMBIAR, SC
SMT. K.M.RASHMI, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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3
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.3 for an
amount of Rs.15,000/- for debit freezing of the account of the
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WP(C) NO. 2237 OF 2026
Petitioner mentioned in the Writ Petition, and hence, the Bank
has effected debit freezing of the account of the Petitioner.
Ext.P4 Communication issued by the Respondent/Bank to the
Petitioner also shows the said Requisition amount.
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].
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:
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WP(C) NO. 2237 OF 2026
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.
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.
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WP(C) NO. 2237 OF 2026
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 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.
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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.
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
mus
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WP(C) NO. 2237 OF 2026
APPENDIX OF WP(C) NO. 2237 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE FRONT PAGE OF THE
STATEMENT OF ACCOUNTS OF THE PETITIONER IN
THE 2ND RESPONDENT BANK, HAVING ACCOUNT NO.
4668101004780
EXHIBIT P2 A TRUE COPY OF THE CONCERNED PAGE SHOWING THE
ALLEGED TRANSACTION DATED 17/05/2024
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED
13/01/2026 PREFERRED BY THE PETITIONER BEFORE
EXHIBIT P4 A TRUE COPY OF THE INTIMATION FROM THE BANK
DATED 15/01/2026
EXHIBIT P5 A TRUE COPY OF THE MEDICAL RECORD OF THE
PETITIONER EVIDENCING HER MEDICAL CONDITION
EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION DATED
15/01/2026 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT BANK
