Kerala High Court
Abhinav K.T vs Union Of India on 15 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 3942 OF 2024
PETITIONER:
ABHINAV K.T
AGED 26 YEARS, S/O SHAJU,
KOLODYTHEKKAYIL HOUSE, ERANHIKKAL P.O,
KOZHIKODE, PIN - 673303
BY ADVS.
ALBIN A. JOSEPH
SUSANTH SHAJI
SIDHARTH O.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF FINANCE, NORTH BLOCK,
NEW DELHI, PIN - 110001
2 RESERVE BANK OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
BRANCH OFFICE BANERJI ROAD ERNAKULAM
NORTH, KOCHI, PIN - 691310
3 THE MANAGING DIRECTOR
THE FEDERAL BANK LIMITED.
POST BOX NO. 103, FEDERAL TOWERS,
ALUVA ERNAKULAM, PIN - 683101
4 THE MANAGER
EPIFI FEDERAL NEO BANKING,
FEDERAL TOWERS, MARINE DRIVE,
ERNAKULAM, PIN - 682031
5 THE STATION HOUSE OFFICER
DHEENA POLICE STATION, DHEENA-ZAMANIA
RAOD, BARI KALA URF DHINI,
UTTAR PRADHESH, PIN - 232106
6 THE SUPERINTENDENT OF POLICE
CYBER SECURITY BUREAU, CENTRAL CRIME
STATION BUILDING, OLD COMMISSIONER
OFFICE, BASEERBAGH, HYDERABAD,
TELENGANA, PIN - 500029
BY ADVS.
SRI.S.MANU - DSGI
SRI.MOHAN JACOB GEORGE - SC
W.P.(C).No. 3942 of 2024
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No. 3942 of 2024
:3:
JUDGMENT
It is without doubt, and as is unequivocally admitted by the parties, that the issues involved in this case have already been answered by this Court in Dr.Sajeer v. Reserve Bank of India & Anr. [2024 (1) KLT 826] and connected matters.
In the afore circumstances, and since the learned counsel for the parties are ad idem as above, I allow this writ petition in terms of the afore judgment in the following manner:
a. The respondent Bank, is directed to confine the order of freeze against the account of the petitioner, only to the extent of the amount mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioner to deal with his account, and transact therein, beyond that limit. b. The respondent - Police Authorities concerned are hereby directed to inform the Bank as to whether the freezing of the account of the petitioner in this Writ Petition will require to be continued even in the afore 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.W.P.(C).No. 3942 of 2024
:4: c. On the Bank receiving the afore information/ intimation from the Police Authorities, they will adhere to the same and complete necessary action - either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be. d. If, however, no information or intimation is received by the Bank in terms of directions (b) above, petitioner will be at full liberty to approach this Court again; for which purpose, all his contentions in this Writ Petition are left open and reserved to him, to be impelled in future.
Sd/-
DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 3942 of 2024 :5: APPENDIX OF WP(C) 3942/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 11/10/2023 ISSUED BY THE 4TH RESPONDENT REGARDING DIRECTION OF 5TH RESPONDENT Exhibit -P2 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 21/12/2023 ISSUED BY THE 4TH RESPONDENT REGARDING DIRECTION OF 6TH RESPONDENT Exhibit-P3 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 29/01/2024 ISSUED BY THE PETITIONER TO THE 3RD AND 4TH RESPONDENTS Exhibit-P3(a) TRUE PHOTOSTAT COPY OF THE POSTAL TRACK CONSIGNMENT RECORD DOWNLOADED FROM INDIA POST WEBSITE DATED 30/01/2024 Exhibit -P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 29/01/2024 ISSUED TO THE 2ND RESPONDENT Exhibit-P4(a) TRUE PHOTOSTAT COPY OF THE POSTAL TRACK CONSIGNMENT RECORD DOWNLOADED FROM INDIA POST WEBSITE DATED 30/01/2024 RESPONDENTS' EXHIBITS : NIL.