Kerala High Court
Muhammed Thoyyib A V vs Union Of India on 24 January, 2025
Author: C.S.Dias
Bench: C.S.Dias
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 24th day of January 2025 / 4th Magha, 1946
WP(C) NO. 2742 OF 2025 (P)
PETITIONER:
MUHAMMED THOYYIB A V, AGED 23 YEARS, C/O MOHAMMED
ABDURAHMAN, AVUNHIPPURATH HOUSE, VADAKKUMURI, IRUMPUZHI P O,
ANAKKAYAM, MALAPPURAM, KERALA, PIN - 676509
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS HOME SECRETARY, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, NEW DELHI, PIN - 110001
2. THE RESERVE BANK OF INDIA, REPRESENTED BY THE DEPUTY GENERAL
MANAGER, RBI, BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA , PIN - 695033
3. INDIAN CYBER CRIME COORDINATION CENTER, REPRESENTED BY ITS CEO, 5TH
FLOOR, NDCC-II BUILDING, JAI SINGH ROAD,NEW DELHI, PIN - 110001
4. CANARA BANK, 1872-12, ATHIMANNIL COMPLEX,I FLOOR, COURT ROAD,
MANJERI, PIN - 676121
5. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, REPRESENTED BY THE
SUPERINTENDENT, 2C, C COLONY, PERUMALPURAM, VASANTHA NAGER,
TIRUNELVELI, TAMIL NADU, PIN - 627007
6. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, REPRESENTED BY THE
SUPERINTENDENT, V8W9+PHF, GOGANATH NAGAR, BEGUMPURA, CHHATRAPATI
SAMBHAJI NAGAR, MAHARASHTRA, PIN - 431004
7. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, REPRESENTED BY THE
SUPERINTENDENT, POLICE STATION CAMPUS, BDA COLONY, LAXMISAGAR,
BHUBANESWAR, ODISHA, PIN - 751006
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct respondent No. 4 to allow the petitioner to operate his
bank accounts maintained with the Canara Bank, Manjeri Branch bearing
Savings Account No. 11020339880 in the name petitioner and to withdraw the
amounts maintained in the said bank accounts after marking disputed amount
as lien, pending disposal of the Writ Petition (Civil), in the interest of
justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.LLOYD JOHN, JERRY MATHEW, REGHU SREEDHARAN & DEVIKA K.R., Advocates
for the petitioner, DEPUTY SOLICITOR GENERAL OF INDIA for R1,
SRI.M.GOPIKRISHNAN NAMBIAR, Advocate for R4, the court passed the
following:
C.S.DIAS,J
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W.P.(C) No. 2742 of 2025
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Dated this the 24th day of January, 2025
ORDER
The learned DSGI takes notice for the 1 st respondent. Sri. M.Gopikrishnan Nambiar takes notice for the 4th respondent. Issue notice by speed post and simultaneously by e-mail to the respondents 2, 3 and 5 to 7 as provided under Rule 51(3) of the Kerala High Court Rules and produce proof of service.
On a consideration of the facts and the materials on record, I am satisfied that the petitioner is entitled to an ad-interim order. Hence, I direct the 4th respondent not to debit any amount from the petitioner's bank account mentioned in the writ petition, till the date of next hearing.
Post on 13.02.2025.
Sd/-
C.S.DIAS SCB.24.01.25. JUDGE 24-01-2025 /True Copy/ Assistant Registrar