Kerala High Court
Thanuja.P.A vs State Of Kerala on 25 January, 2017
Author: A.Hariprasad
Bench: A.Hariprasad
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
WEDNESDAY, THE 4TH DAY OF OCTOBER 2017/12TH ASWINA, 1939
WP(C).No. 25283 of 2017 (I)
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PETITIONER(S):
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THANUJA.P.A., W/O.K.PADMANABHAN
DREAM VILLA, DARMASALA, KANNUR-670 562.
BY ADVS.DR.K.P.PRADEEP
SRI.SANAND RAMAKRISHNAN
SRI.T.T.BIJU
SRI.K.P.KESAVAN NAIR
SMT.T.THASMI
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT,GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM -695 001.
2. DISTRICT POLICE CHIEF, KANNUR
KERALA POLICE, CIVIL STATION ROAD,
KANNUR -670 002.
3. THE STATION HOUSE OFFICER
TALIPARAMBA POLICE STATION, TALIPARAMBA
KANNUR - 670 034.
4. BRANCH MANAGER, AXIS BANK
URVA BRANCH, MANGALORE,
KARNATAKA -575 010.
5. BRANCH MANAGER, SYNDICATE BANK
MANGATTUPARAMBA BRANCH,
KANNUR UNIVERSITY CAMPUS P.O,
KANNUR -670 567.
R4 BY ADV. SRI.P.PAULOCHAN ANTONY
R1 TO R3 BY GOVERNMENT PLEADER SMT.REKHA C NAIR
R5 BY SRI.R.S. KALKURA, SC, SYNDICATE BANK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04-10-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AD
WP(C).No. 25283 of 2017 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE EMAIL DATED 25.1.2017 RECEIVED FROM EMAIL ID
[email protected].
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 25.4.2017 SUBMITTED TO THE 5TH
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION NO. 4234/NEFT/4234.220. 47764
DATED 26.4.2017 ISSUED BY THE 5TH RESPONDENT TO THE 4TH
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE PETITION FILED BY THE PETITIONER TO THE 3RD
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 26.4.2017 ISSUED BY
THE 3RD RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION NO. AXISB/783/URVA/17-18/01
DATED 6.5.2017 ISSUED BY THE 4TH RESPONDENT TO THE 5TH
RESPONDENT.
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P..A TO JUDGE
AD
A.HARIPRASAD, J
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WP(C). No.25283 of 2017
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Dated this the 4th day of October, 2017
JUDGMENT
The petitioners have approached this Court seeking the following reliefs:
i. Issue a writ of mandamus or any other appropriate writ or order or direction to the 3rd respondent to take further actions in Ext.P4 petition file before him, in accordance with law and to proceed with the matter under Section 91 of the Criminal Procedure Code to seize the amount involved in Ext.P5, at the earliest, or in alternative.
ii. Issue a writ of mandamus or any other appropriate writ or order or direction to the 4th respondent to reverse the amount of Rs.1,00,000/- remitted from the account of the petitioner in 5th respondent bank, as requested by the 5th respondent in Ext.3 communication.
iii. Direct the respondents to pay cost of this proceedings iv. Grant any other relief, in the interest of justice, which this Hon'ble Court deems fit in the facts and circumstances of the case.
WP(C). No.25283 of 2017 2
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor and the learned counsel for the 4th respondent.
3. The petitioner is a native of Taliparamba in Kannur district. On 25.04.2017, she received an email from the account of her brother Sri.Vinoj, who works abroad. She was asked to transfer funds for the purpose of his wife's treatment. The -mail was followed by another email with details of the bank account to which the fund was to be transferred. Ext.P1 is the copy of the email received by the petitioner.
4. As instructed in the email, she transferred Rs.1 lakh to the account referred to in Ext.P1 mail. The amount was transferred from her account with the 5th respondent bank to the account of the transferee in the 4th respondent bank.
5. Later, on enquiry, it was revealed that the email received by the petitioner was a fake mail. Email account of her brother had been hacked by someone. Immediately, the petitioner informed the 5th respondent bank and notified the 4th respondent bank to suspend the transferee's account. Ext.P2 is WP(C). No.25283 of 2017 3 the letter issued in that regard.
6. According to the request made by the petitioner, the 5th respondent bank issued a letter to the 4th respondent bank asking them to reverse the amount back to the petitioner's account. Ext.P3 is the copy of the letter issued by the 5th respondent to the 4th respondent bank. Simultaneously the petitioner filed a complaint before the police requesting them to take legal action against the offender, who hacked the email of her brother. According to her, this is an offence falling within the provisions of Information Technology Act, 2000.
7. The learned Public Prosecutor on instructions submitted that Taliparamba police has registered the crime No.1088/2017 under Sections 420, 66, 66(c) and 66(d) of IT Act, 2000.
8. Having heard the learned counsel for the petitioner, the following directions are issued.
i. The 4th respondent bank shall reverse the amount of Rs.1 lakh to the account of the petitioner in the 5th respondent bank as requested in Ext.P3 within 15 days from today on getting a WP(C). No.25283 of 2017 4 request from the petitioner in that regard.
ii. The 3rd respondent is directed to proceed with the investigation and if he finds that it should be investigated by the Cyber cell of the Kerala Police having jurisdictions, it shall be transferred to the officer of appropriate rank within a week.
With these observations, the above writ petition is disposed of.
Sd/-
A.HARIPRASAD JUDGE AD/04/10/17