Kerala High Court
Subhasri Dattagupta vs State Of Kerala on 20 February, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:14443
WP(C) NO. 35265 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946
WP(C) NO. 35265 OF 2024
PETITIONER
SUBHASRI DATTAGUPTA
AGED 54 YEARS
W/O SIDHARDHA P DUTTA GUPTHA AMRITHA PRABHA 10,
MATA AMRITANANDAMAYI MATH, AMRITAPURI, KOLLAM,
KERALA, PIN - 690525
BY ADVS.
SAYUJYA RADHAKRISHNAN
K.R.RAJEEV KRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY DIRECTOR GENERAL OF POLICE, STATE
POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695010
2 THE DISTRICT POLICE CHIEF
LINK ROAD, ASRAMAM, KOLLAM, PIN - 691001
3 THE STATION HOUSE OFFICER
KARUNAGAPALLY POLICE STATION, KOLLAM, PIN - 690518
4 NATIONAL CYBER CRIME REPORTING PORTAL
NATIONAL HIGHWAY-8 MAHIPALPUR, NEW DELHI
REPRESENTED BY ITS NODAL OFFICER, PIN - 110037
5 UNION OF INDIA
2025:KER:14443
WP(C) NO. 35265 OF 2024
2
MINISTRY OF HOME AFFAIRS NORTH BLOCK, REPRESENTED
BY ITS HOME SECRETARY NEW DELHI, PIN - 110001
6 ICICI BANK LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR & CEO, ICICI
BANK TOWERS, BANDRA-KURLA COMPLEX, MUMBAI, PIN -
400051
7 YES BANK LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR & CEO, YES
BANK TOWER, LOWER PAREL (W), MUMBAI, MAHARASHTRA,
PIN - 400013
8 PUNJAB NATIONAL BANK
REPRESENTED BY ITS MANAGING DIRECTOR & CEO, PNB
CORPORATE OFFICE, DWARKA, NEW DELHI., PIN - 110075
9 THE RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR, 18TH FLOOR, CENTRAL
OFFICE BUILDING, SHAHID BHAGAT SINGH ROAD, FORT
MUMBAI , MAHARASHTRA, PIN - 400001
BY ADVS.
LAL K JOSEPH
P.PAULOCHAN ANTONY P
Millu Dandapani
P.MURALEEDHARAN (THURAVOOR)(K/1651/2000)
T.A.LUXY(L-78)
SURESH SUKUMAR(K/634/1997)
ANZIL SALIM(K/000447/2018)
SANJAY SELLEN(K/885/2021)
SREEJITH K.(K/380/2005)
GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:14443
WP(C) NO. 35265 OF 2024
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JUDGMENT
Dated this the 20th day of February, 2025 The writ petition is filed to direct the respondents 1 and 2 to conduct an effective and time- bound investigation into Crime No.822/2024 registered by the Karunagapally Police Station and immediately freeze the accounts bearing Nos.006963200002770 and 9740002100000593.
2. The learned counsel for the petitioner states that the petitioner has been fallen as a victim to a cyber crime on 01.06.2024. The persons telephoned the petitioner impersonating themselves as Mumbai Crime Branch and stated that the petitioner's bank account was linked to money laundering activities. They threatened the petitioner that she would face legal consequences. Under the fear and distress, the petitioner transferred the entire amount from her bank account to the bank account of the fraudsters.
2025:KER:14443 WP(C) NO. 35265 OF 2024 4 Subsequently, the petitioner has lodged Ext.P2 FIR before the third respondent. However, no action has been taken in the complaint. Hence, the writ petition.
3. Heard; the learned counsel for the petitioner, the learned Government Pleader, and the respective Standing Counsel appearing for the respondents 6 to 9 Banks.
4. When the writ petition was taken up for consideration on 8.10.2024, this Court directed the respondents 7 and 8 to mark lien or to freeze the accounts of the persons who have misappropriated the petitioner's bank account.
5. The Investigating Officer has filed a memo stating that the investigation is in progress.
6. On a perusal of the materials on record, it is seen that Ext.P2 crime was registered by the police in the matter and the investigation is in progress. As the matter is pending before the jurisdictional court, I am of 2025:KER:14443 WP(C) NO. 35265 OF 2024 5 the view that it is for the petitioner to approach the said court and work out her remedies as per the provisions of Bharatiya Nagarik Suraksha Sanhita ( 'BNSS', for short).
In the result, this writ petition is disposed of, by reserving the right of the petitioner to approach the jurisdictional court and work out her remedies in accordance with law. The interim order dated 8.10.2024 will stand extended by a month, to facilitate the petitioner to work out her remedies.
SD/-
C.S.DIAS, JUDGE rmm20/2/2025 2025:KER:14443 WP(C) NO. 35265 OF 2024 6 APPENDIX OF WP(C) 35265/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE CYBER CRIME REPORT DT.04.06.2024 REGISTERED BY THE 4TH RESPONDENT Exhibit P2 A TRUE PHOTOCOPY OF FIR NO.822 OF 2024 REGISTERED BY 3RD RESPONDENT DT.06.06.2024 Exhibit P3 A TRUE PHOTOCOPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DT. 27.07.2024 Exhibit P4 A TRUE PHOTOCOPY OF THE LETTER SENT TO BY THE PETITIONER TO THE 8TH RESPONDENT DT.29.07.2024