Karnataka High Court
Shri Infant Justin vs Union Of India on 12 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:27091
WP No. 17638 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 17638 OF 2024 (GM-RES)
BETWEEN:
SHRI INFANT JUSTIN
AGED ABOUT 31 YEARS,
S/O JEBADAS,
RESIDING AT NO.716
BELAVATHA GRAMA
MYSURU - 570 003.
...PETITIONER
(BY SRI. MANOJ GOWDA, M L.,ADVOCATE)
AND:
1. UNION OF INDIA
REP BY THE SECRETARY,
MINISTRY OF FINANCE
NORTH BLOCK
NEW DELHI - 110 001.
2. RESERVE BANK OF INDIA
REP BY ITS GENERAL MANAGER,
BRANCH OFFICE BANERJI ROAD
Digitally signed ERNAKULAM NORTH
by Vandana S
KOCHI KERALA - 691 310.
Location: HIGH
COURT OF
KARNATAKA 3. MANAGING DIRECTOR
SOUTH INDIAN BANK LIMITED,
HEAD OFFICE T B ROAD
MISSION QUARTERS, THRISSUR
KERALA 680 001.
4. BRANCH MANAGER
SOUTH INDIAN BANK LIMITED,
NO.50 AND 51, 1ST FLOOR
DEVARAJ URS ROAD
MYSURU - 570 001.
5. STATE POLICE CHIEF
GUJARATH POLICE BHAVAN
-2-
NC: 2024:KHC:27091
WP No. 17638 of 2024
SECTOR 18, GANDHINAGAR
AHMEDABAD
GUJARAT 382 021.
...RESPONDENTS
(BY SRI. VINAY VENU GOPAL., CGC FOR R-1
SRI. FRANCIS ZAVIER, ADVOCATE FOR R-3 & R-4)
THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION
OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO DEFREEZE THE
ACCOUNT. OF PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
"(i) Issue a writ in the nature of Mandamus or any other writ in order, directing the Respondents to defreeze the account of the petitioner.
(ii) To pass such other orders as this Hon'ble Court deems fit or grant such other relief's in the circumstance of the case 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.0524073000000351 out of the total transaction amount, the disputed amount is only Rs.5728/- and that -3- NC: 2024:KHC:27091 WP No. 17638 of 2024 the petitioner has no objection for a lien to be created on the 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.5728/-. 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 Nos.3 and 4 and learned CGC for respondent No.1 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.5728/- 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.0524073000000351 of the petitioner in respondent No.4 - bank by marking lien only to an extent of -4- NC: 2024:KHC:27091 WP No. 17638 of 2024 Rs.5728/-. It is needless to state that marking of the said lien would be subject to the final out come of the investigation.
6. Subject to the aforesaid observations and directions, the petition stands disposed of.
Sd/-
JUDGE BMC List No.: 1 Sl No.: 44