[Cites 2, Cited by 0]
Kerala High Court
Diyalakshmi M.B vs Union Of India on 25 March, 2026
2026:KER:26617
WPC No.3974 of 2026
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 25TH DAY OF MARCH 2026 / 4TH CHAITHRA, 1948
WP(C) NO. 3974 OF 2026
PETITIONER
DIYALAKSHMI M.B,
AGED 25 YEARS,
DAUGHTER OF BALAN M.R,
RESIDING AT MADATHIPARAMBIL HOUSE, PORATHISSERY
P.O., IRINJALAKKUDA NORTH, THRISSUR, KERALA,
PIN - 680125
BY ADVS.
SHRI.SHAHIN BADUSHA
SHRI.RAMSHAD K.R.
SHRI.AGHINLAL K.L.
RESPONDENTS
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF HOME AFFAIRS, NEW DELHI,
PIN - 110001
2 NATIONAL CYBER CRIME REPORTING PORTAL,
REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY - 8,
MAHILAPUR, NEW DELHI,
PIN - 110037
3 STATION HOUSE OFFICER,
SECTOR 20 POLICE STATION, SECTOR 20, GAUTAM BUDDH
NAGAR, NOIDA, UTTAR PRADESH,
PIN - 201301
2026:KER:26617
WPC No.3974 of 2026
2
4 HDFC BANK,
IRINJALAKUDA BRANCH, SAINT THOMAS CATHEDRAL
SHOPPING COMPLEX, KODUNGALLOOR ROAD, IRINJALAKUDA,
TANA CENTRE, THRISSUR, KERALA,
REPRESENTED BY ITS BRANCH MANAGER,
PIN - 680121
5 STATION HOUSE OFFICER,
IRINJALAKUDA POLICE STATION, IRINJALAKUDA NORTH
P.O., KAATUNGACHIRA, THRISSUR DISTRICT, KERALA,
PIN - 680125
BY ADVS.
SMT.LAKSHMI MEENAKSHI P.R., CGC
SMT.K.PARVATHY
SRI.AADITHYAN S.MANNALI
SMT.G.SHEEBA-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WPC No.3974 of 2026
3
JUDGMENT
Dated this the 25th day of March, 2026
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.1,05,000/- for marking lien/freeze in the
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account of the Petitioner mentioned in the Writ Petition, and
hence, the Bank has effected freezing of the account of the
Petitioner.
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]. This Court
has been consistently issuing the directions to the effect that
the Bank is to permit the account holder to operate his
account, limiting the lien to the amounts shown in the
Requisitions received by the Bank so long as the Bank does
not have any suspicion that the account is used for any
financial cybercrime activities or money mule activities,
making the frozen/lien marked amount at the disposal of the
jurisdictional Magistrate's Court.
4. Recently, the Indian Cyber Crime Co-Ordination Centre of
the Ministry of Home Affairs of the Government of India has
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formulated an SOP for NCRP - CFCFRMS, Custody, Restoration
of Money and Grievance Redressal 2026 to establish a fair and
transparent system that prescribes a uniform process to be
followed by all the Participating Entities. The SOP includes
procedures to prevent misuse of the system of putting on
hold an amount, seizure of an account and any property to
help the victims of Cyber-Enabled Financial Crimes (CEFC),
and to give interim custody of the amount to the victim and
restoration of such property while ensuring accountability of
all the participants for their action and inaction and providing
avenues for time-bound grievance redressal for parties
affected by actions taken based on information provided by
the system. It is intended that States and UTs, working with
other Participating Entities, follow the SOP and are
successful in preventing defrauded money from leaving the
financial system, giving interim custody and restoration of
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the amount to the victim, and, in the process, help create a
cybercrime-resilient financial ecosystem.
5. Clause 10 of the SOP provides for a time-bound Grievance
Redressal Mechanism for the Account Holders in whose
accounts the amounts are put on hold or whose account
operation is suspended. It is for the Petitioner to work out
his remedies in accordance with Clause 10 of the SOP, with
respect to the frozen/lien/hold amount.
6. Accordingly, this Writ Petition is disposed of with the
following directions:
i) The Respondent/Bank is directed to permit the Petitioner
to operate the account mentioned in this Writ Petition maintained
by the Petitioner with it, limiting the freeze/lien/hold to the
aforesaid amount.
ii) The disposal of the frozen/lien/hold amount shall be in
accordance with the above SOP.
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iii) Petitioner is free to redress his grievance through the
Grievance Redressal Mechanism provided under Clause 10 of
the above SOP with respect to the frozen/lien/hold amount.
iv) The Respondent/Bank is free to effect further
lien/hold/freeze in case of receipt of future requisitions.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
Cak
2026:KER:26617
APPENDIX OF WP(C) NO. 3974 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE STATEMENT OF ACCOUNT
OF THE PETITIONER'S BANK ACCOUNT FROM
07-12-2022 TO 15-01-2026
