Karnataka High Court
P H Ismail Kallapu vs The Branch Manager on 5 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:25617
WP No. 11900 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.11900 OF 2024 (GM-RES)
BETWEEN:
1. P.H.ISMAIL KALLAPU
S/O.UMARABABA
AGED ABOUT 60 YEARS
NEW HOUSE POST PERMANNUR
KALLAPU D.K.-575 017
KARNATAKA
2. HASSAN SHAZIL
S/O.P.H.ISMAIL KALLAPU
AGED ABOUT 23 YEARS
NEW HOUSE POST PERMANNUR
KALLAPU, D.K.-575 017
KARNATAKA
...PETITIONERS
(BY SRI TALHA ISMAIL BENGRE, ADVOCATE)
AND:
1. THE BRANCH MANAGER
FEDERAL BANK
Digitally R.E.B.COMPLEX, NH 66
signed by B OPPOSITE TO THOKKOTTU
LAVANYA
BUSTAND ROAD
Location:
HIGH PERMANNUR, DK-575 017
COURT OF KARNATAKA
KARNATAKA
2. CYBER CRIME POLICE STATION
D.K., REP. BY AGA
HIGH COURT OF KARNATAKA BUILDING
BENGALURU-560 001
3. STATION HOUSE OFFICER amended vide
CYBER CRIME Order dated 05.07.2024
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NC: 2024:KHC:25617
WP No. 11900 of 2024
POLICE STATION (NR)
DHARAMASHALA KAMGARA HP
ADDL. SP CYBER CRIME NORTHERN RANGE
DHARMASHALA DISTRICT
KANGRA H.P. 176215
4. CYBER CRIME POLICE STATION
SOUTH EAST DISTRICT
NEHRU PLACE, NEW DELHI-110 048
5. CYBER CRIME POLICE STATION
VIJAYAWADA
NEAR POLICE COMMISSIONER OFFICE
BUCKINGHAMPETA, VIJAYAWADA
ANDHRA PRADESHA-520 002
...RESPONDENTS
(BY SRI PATIL J.M., ADVOCATE FOR R-1;
SRI SUDEV HEGDE, AGA FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTILCES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUEA WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
TO CONSIDER THE REPRESENTATION (ANNEXURE-G) / DE-
FREEZE THE PETITIONERS' ACCOUNT AND RELEASE THE
ENTIRE FROZEN AMOUNT, BEARING FEDERAL BANK BEARING
THE SB ACCOUNT NOS.2013010007384 and 20130100012682,
BRANCH OF THOKOTTU AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:25617
WP No. 11900 of 2024
ORDER
In this petition, the petitioners seek the following reliefs:
"a. This Hon'ble Court may please pass an order by way of writ of mandamus directing the Respondent to consider the representation (Annexure-G) / de-freeze the Petitioner's account and release the entire frozen amount, bearing FEDERAL Bank bearing the SB account no. 2013010007384 and 20130100012682, branch of Thokottu.
b. This Hon'ble Court may please quash the order passed by the office Addl. Supernatant of police CID, Cybercrime police station (NR) Dharmshala Distt. Kangra (HP)-bearing Reference No.NR/FF/595/24 dated 4/03/2024 for the amount Rs.10,000/- by the 3rd Respondent.
c. This Hon'ble Court may please to quash the
"cyber crime Complaint Ack.
No.20803240018501, lodged against this
petitioners accounts for the amount of
Rs.10,000/- " by the 4th Respondent (police station cyber south east district Delhi Police).
And also cyber crime complaint -4- NC: 2024:KHC:25617 WP No. 11900 of 2024 Ack.No.30803240009345, lodged against this
petitions accounts for the amount of Rs.10,000/- " by the 4th Respondent (police station cyber south east district Delhi Police). And also "cyber crime Complaint Ack.No.30203240005210, lodged against this petitioners accounts for the amount of Rs. 25,976/- " by the 4th Respondent (police station cyber south east district Delhi Police).
d. This Hon'ble Court may please to quash the "cyber crime Complaint Ack.
No.302030240005329, lodged against this petitioners accounts for the amount of Rs.43759/- "by the 5th Respondent (police station cyber south east district Delhi Police).
e. This Hon'ble court may please to pass any order it may deem fit in the interest of justice and equity."
2. Heard learned counsel for the petitioners and learned counsel for respondents No.1 and learned Additional Government Advocate for respondent No.2 and perused the material on record.
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NC: 2024:KHC:25617 WP No. 11900 of 2024
3. In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for petitioners submits that in respect of petitioners' Bank account Nos.20130100017384 and 20130100012682, out of the total transaction amount, the disputed amount is only Rs.1,04,735/- and that the petitioners have no objection for a lien to be created on the said amount and necessary directions may be issued to the respondent - Bank to defreeze the aforesaid subject accounts by marking a lien only to an extent of disputed amount, which is Rs.1,04,735/-. 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.1 and learned Additional Government Advocate for -6- NC: 2024:KHC:25617 WP No. 11900 of 2024 respondent No.2 submit 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.1,04,735/- in the account of the petitioners.
5. In view of the aforesaid facts and circumstances and the judgment of this Court in the case of Razorpay, I deem it just and appropriate to dispose of this petition directing to defreeze the aforesaid Bank account Nos. Nos.20130100017384 and 20130100012682 of the petitioners in the respondent - Bank by marking lien only to an extent of Rs.1,04,735/-. 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. -7-
NC: 2024:KHC:25617 WP No. 11900 of 2024 In view of disposal of the petition, pending interlocutory application does not survive for consideration and the same stands disposed of.
Sd/-
JUDGE LB List No.: 1 Sl No.: 74