Karnataka High Court
Sri Mohammed Faraz vs State Of Karnataka on 2 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:24856
WP No. 16870 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.16870 OF 2024 (GM-RES)
BETWEEN:
SRI MOHAMMED FARAZ
S/O KALEEMULLA
AGED ABOUT 33 YEARS
R/AT NO 8/1, KEMP ROAD, COLES PARK
BANGALORE - 560 005.
...PETITIONER
(BY SRI. CHAND PASHA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY SECRETARY
DEPARTMENT OF HOME, VIDHANA SOUDHA
BANGALORE - 560 001.
2. DIRECTOR GENERAL OF POLICE
ECONOMIC OFFENCES AND SPECIAL UNITS
Digitally AMBEDKAR VEEDHI, SAMPANGI RAMA NAGAR
signed by
Vandana S BANGALORE - 560 001.
Location:
HIGH COURT 3. THE RESERVE BANK OF INDIA
OF REPRSENTED BY THE GENERAL MANGAER
KARNATAKA NRUPATHUNGA ROAD
AMBEDKAR VEEDHI, BANGALORE - 560 001.
4. AXIS BANK
REPRESENTED BY ITS CHIEF MANAGER
COX TOWN BRANCH, BANGALORE - 560 005.
...RESPONDENTS
(BY SRI. SUDEV HEGDE, AGA FOR R1 AND R2;
NOTICE TO R3 IS DISPENSED WITH V/O DT. 2/7/24;
SRI. JAI M PATIL, ADVOCATE FOR R4)
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NC: 2024:KHC:24856
WP No. 16870 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 AND R-4
i.e. RESERVE BANK OF INDIA AND AXIS BANK TO DEFREEZE OR
UNBLOCK THE BANK ACCOUNT OF THE PETITIONER AT AXIS
BANK, COX TOWN BRANCH BEARING ACCOUNT NO.
924020001128465 PRODUCED VIDE ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
(i) Issue Writ in the nature of mandamus or order or direction directing the Respondent No.3 and 4 i.e. Reserve Bank of India and Axis Bank to defreeze or unblock the Bank Account of the petitioner at Axis Bank, Cox Town Branch bearing Account No. 924020001128465 produced vide Annexure - A.
(ii) Issue such other reliefs as this Hon'ble Court deems fit in the interest of justice and equity.
2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.
3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for the petitioner submits that in respect of petitioner's bank account No.924020001128465 out of the total transaction amount, the disputed amount is only Rs.6,24,568/- and that the petitioner has no objection for a lien to be created on the -3- NC: 2024:KHC:24856 WP No. 16870 of 2024 said amount and necessary directions may be issued to the respondent No.4 - bank to defreeze the aforesaid subject account by marking a lien only to an extent of disputed amount, which is Rs.6,24,568/-. In support of his contention, he placed reliance upon the judgments of this Court in Razorpay Software Private Limited Vs. The State of Karnataka and another - W.P.No.62/2022 dated 22.09.2022 and N. Nagaraju Vs. State of Karnataka and another - W.P.No.27214/2023 dated 23.01.2024.
4. Per contra, learned counsel for respondent No.4 and learned AGA for respondent Nos.1 and 2 submits that the present petition may be disposed of in terms of the judgment passed in Razorpay Software Private Limited by marking a lien to an extent of Rs.6,24,568/- in the account of the petitioner.
5. In view of the aforesaid facts and circumstances and the judgment of this Court in Razorpay's case, I deem it just and appropriate to dispose of this petition directing to defreeze the aforesaid bank account No. 924020001128465 of the petitioner in respondent No.4 - bank by marking lien only to an extent of Rs.6,24,568/-. It is needless to state that marking of the said lien would be subject to the final out come of the investigation. -4-
NC: 2024:KHC:24856 WP No. 16870 of 2024
6. Subject to the aforesaid observations and directions, the petition stands disposed of.
Sd/-
JUDGE SV List No.: 1 Sl No.: 97