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Kerala High Court

Raju Pandara Valappil vs Paytm Payments Bank Ltd on 12 February, 2026

WP(C) NO. 19764 OF 2025


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                                                            2026:KER:12875



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

         THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947

                          WP(C) NO. 19764 OF 2025


PETITIONER/S:

             RAJU PANDARA VALAPPIL
             AGED 60 YEARS
             S/O: NARAYANAN K, GEETHA NIVAS, VENGARA P O, MADAYI, PO:
             VENGARA-KANNUR, DIST: KANNUR, KERALA, PIN - 670305


             BY ADVS.
             SHRI.SADIQALI. M
             SHRI.MUHAMMAD SABIK
             SMT.PRAGEENA A.P.
             SHRI.MOHAMED SHAFI M.




RESPONDENT/S:

     1       PAYTM PAYMENTS BANK LTD
             REPRESENTED BY ITS MANAGER, NOIDA BRANCH,
             GAUTAM BUDDH NAGAR NOIDA,
             UTTAR PRADESH., PIN - 201301

  ADDL.R2    DIRECTOR GENERAL OF POLICE
             KARNATAKA STATE POLICE HEADQUARTERS NO. 2,
             NRUPATHUNGA ROAD BANGALORE, KARNATAKA, INDIA, PIN-560001.

  ADDL.R3    STATION OFFICER,
             CYBER CRIME POLICE STATION, SADHGURU VATIKA, RAJKOT,
             GUJARAT, PIN-360001.
 WP(C) NO. 19764 OF 2025


                                    2


                                                         2026:KER:12875

  ADDL.R4   STATION HOUSE OFFICER,
            CYBER CRIMES POLICE STATION LB NAGAR POLICE STATION PREMISES
            HYDERABAD, TELANGANA -500074
            [ADDL. R2 TO R4 ARE IMPLEADED AS PER ORDER DATED 27.06.2025
            IN IA-1/2025 IN WP(C) 19764/2025]

  ADDL.R5   STATION HOUSE OFFICER
            PANNIYANKARA POLICE STATION, PANNIYANKARA,
            KOZHIKODE, KERALA 673 003

            [ADDL.R5 IS IMPLEADED AS PER ORDER DATED 16.01.2026 IN
            I.A.NO.1/2026 IN W.P.(C)NO.19764/2025]




            BY ADV SMT.AISWARYA E J VETTIKOMPIL
                   SRI. TONY AUGUSTINE, G.P.


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.02.2026,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19764 OF 2025


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                                                          2026:KER:12875

                                 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. In spite of service of notice to the Respondent Nos.3 & 4, there is no appearance for the Respondent Nos.3 & 4. The learned Counsel for the Respondent/Bank, after getting instructions from the Bank, confirmed that the Bank has received the WP(C) NO. 19764 OF 2025 4 2026:KER:12875 Requisitions from the Respondent Nos.3 & 4 for debit freezing of the account of the Petitioner mentioned in the Writ Petition. It is submitted that the disputed amounts are not stated in the Requisitions. Hence, the Bank has effected debit 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].

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. WP(C) NO. 19764 OF 2025 5 2026:KER:12875

5. Since the Requisitions issued by the Police Authorities does not show the disputed amounts, it will be an injustice if the petitioner is totally prevented from operating the Bank Account. The Police Authorities are to be directed to inform the Bank of the disputed amounts within a time frame, failing which the petitioner shall be allowed to operate the Bank Account without any restriction.

6. Accordingly, this Writ Petition is disposed of with the following directions:

i) The Respondent/Bank is directed to seek, within a period of two weeks from the date of receipt of a copy of this judgment, the details of the disputed amounts in the Requisitions already communicated to the Bank from the Police Authorities, sending a copy of this judgment, and the Police Authorities shall communicate the details of the disputed amounts in the Requisitions already communicated to the Bank within a period of one month from the date of receipt of WP(C) NO. 19764 OF 2025 6 2026:KER:12875 communication from the Bank and in case of default by the Police Authorities, the Bank shall lift the freeze/lien imposed on the Petitioner's account.
ii) Immediately on getting knowledge of the details of the disputed amounts from the Police Authorities, the Respondent/Bank shall confine the order of freeze/lien against the account of the Petitioner only to the extent of the disputed amounts, and it shall be done immediately, with notice to the Petitioner, so as to enable the Petitioner to deal with his account and transact therein beyond that limit.
iii) 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. WP(C) NO. 19764 OF 2025 7 2026:KER:12875

iv) On the Bank receiving the aforementioned 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.

v) If, however, no information or intimation is received by the Bank in terms of direction (iii) 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.

vi) 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 WP(C) NO. 19764 OF 2025 8 2026:KER:12875 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.

vii) In order to enable the police to comply with the above direction, the Petitioner shall also forthwith serve a copy of this judgment to the officer concerned and retain proof of such service.

viii) 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.

ix) 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/ WP(C) NO. 19764 OF 2025 9 2026:KER:12875 APPENDIX OF WP(C) NO. 19764 OF 2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER SEND BY THE PETITIONER TO 1ST RESPONDENT DATED 25/05/2025