Kerala High Court
Nafiz Khan vs Union Of India on 11 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 11TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945
WP(C) NO. 7258 OF 2024
PETITIONER:
NAFIZ KHAN
AGED 25 YEARS
S/O NAZAR, 10/224, K.S VILLA, VETUROAD, KANIYAMPURAM P.O,
PALLIPURAM, THIRUVANANTHAPURAM, PIN - 695301
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
FEDERAL BANK, KAZHAKUTTAM BRANCH, PADMANANBHAM BUILDING,
KAZHAKUTTAM, THIRUVANANTHAPURAM, PIN - 695582
5 STATION HOUSE OFFICER
CYBER CRIMES, CYBERABAD, TELANGANA, PIN - 500049
6 STATION HOUSE OFFICER
KOTWALI POLICE STATION, MADHYA PRADESH, PIN - 483501
SRI.S.MANU, DSGI
SRI.MOHAN JACOB GEORGE SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7258 OF 2024
2
JUDGMENT
The facts involved in this case are covered by the judgment of this Court in Dr.Sajeer v. Reserve Bank of India & Anr. [2024 (1) KLT 826]. Since the learned counsel for the parties are ad idem on this, I allow this writ petition in terms of the said judgment.
Consequently, I order this Writ Petition with the following directions:
(a) The respondent Bank arrayed in this case, is directed to confine the order of freeze against the accounts of the petitioner, only to the extent of the amounts 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 their accounts, and transact therein, beyond that limit.
WP(C) NO. 7258 OF 2024 3
(b) The respondent - Police Authorities concerned are hereby directed to inform the Bank as to whether freezing of accounts 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.
(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, the petitioner or such among them, will be at full liberty to approach WP(C) NO. 7258 OF 2024 4 this Court again; for which purpose, all their contentions in this Writ Petition are left open and reserved to them, to impel in future.
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 7258 OF 2024 5 APPENDIX OF WP(C) 7258/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE PHOTOSTAT COPY OF THE EMAIL COMMUNICATION DATED 25/04/2023 ISSUED BY THE 4TH RESPONDENT ALONG WITH THE DIRECTIONS OF 5TH AND 6TH RESPONDENT Exhibit-P2 TRUE PHOTOSTAT COPY OF THE BALANCE STATEMENT OF THE ACCOUNT OF THE PETITIONER OBTAINED THROUGH MOBILE BANKING APPLICATION Exhibit-P3 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 08/02/2024 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 22/02/2024 Exhibit-P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 08/02/2024 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit-P4(a) TRUE PHOTOSTAT COPY OF THE POSTAL TRACK CONSIGNMENT RECORD DOWNLOADED FROM INDIA POST WEBSITE DATED 22/02/2024