Abdurasak vs Union of India

Type Court Judgment Court Kerala Decided Feb 29, 2024

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Citation: sooperkanoon.com/1306088
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Feb 29, 2024
Case Number: WP(C)/4183/2024

Parties & Advocates

Appellant / Petitioner

Abdurasak

Respondent

Union of India

Excerpt

.....directed to inform the bank as to whether the freezing of the account 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 receivedby the bank in terms of direction (b) above, petitioner will be at full liberty to approach this court again; for which purpose, all contentions in this writ petition are left open and reserved to him, to be impelled in future. sd/- devan ramachandran judge stu appendix of wp(c) 4183/2024 petitioner exhibits exhibit p1 a true copy of the complaints detailsreceived from the 6th respondent dated 08.08.2023 that the petitioner is a suspect in an online transaction exhibit p2 a true copy of the statement of transaction details of the petitioner's account from 01-01-2023 to 31-12-2023

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 PETITIONER: ABDURASAK, AGED 40 YEARS, S/O MUHAMMAD KARUTHODAN, KARUTHODAN (H),ELAMBRA,MANJERI, PAYYANAD P.O, MALAPPURAM KERALA, PIN - 676122 BY ADVS. T.S.SARATH JOTHISHA K.A. MANU RAMACHANDRAN AASHI K. SHAJAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR SAILAKSHMI MENON SMT.AKHILA B. BINU R. RESPONDENTS: 1 UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI, REPRESENTED BY ITS HOME SECRETARY - 110001 2 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER, UPLC, NAVCHETNA KENDRA, 10 ASHOK MARG, LUCKNOW, UTTAR PRADESH [email protected], PIN - 226001
3 INDIAN CYBERCRIME COORDINATION CENTRE REPRESENTED BY ITS CEO 5TH FLOOR, NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI [email protected], PIN - 110001 4 STATE OF UTTAR PRADESH REPRESENTED BY THE CHIEF SECRETARY, 101, 'B' BLOCK, LOK BHAWAN, U.P SECRETARIAT, LUCKNOW, [email protected], PIN - 226001 5 DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, 12TH FLOOR, TOWER 2, GOMTINAGAR EXT, SHAHIDPATH LUCKNOW, UTTAR PRADESH. [email protected], PIN - 226002 6 STATION HOUSE MASTER CYBER CRIME POLICE STATION, SEC-06 NOIDA, COMMISSIONERATE DIST. GAUTAM BUDDHA NAGAR, UTTAR PRADESH. [email protected], PIN - 201301
 7        THE RESERVE BANK OF INDIA REPRESENTED BY THE
          DEPUTY GENERAL MANAGER, RBI,    BAKERY JUNCTION,
          NANDAVANAM, VAZHUTHACAUD,    THIRUVANANTHAPURAM,
KERALA [email protected] - 695033 8 FEDERAL BANK OASIS TOWER, KARUVAMBRAM, RAJIV GANDHI BYPASS ROAD, MANJERI, MALAPPURAM. [email protected], PIN - 676123 SUSEEL M.MENON - CGC MOHAN JACOB GEORGE P.V.PARVATHY (P-41)(K/000036/1991) REENA THOMAS(R-364) NIGI GEORGE(K/1169/2012) ANANTHU V.LAL(K/001233/2022) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

It is without doubt that the issues involved in this case have already been answered by this Court in Dr.Sajeer v. Reserve Bank of India & Anr. [2024 (1) KLT 826]. In the afore circumstances and since the learned counsel for the parties are completely ad idem as above, I allow this writ petition in terms of the afore judgment in the following manner:

(a) The respondent - Bank, is directed to confine the

order of freeze against the account of the petitioner, only to the

extent of the amount 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 his account, and transact therein, beyond that limit.

(b) The respondent - Police Authorities concerned are

hereby directed to inform the Bank as to whether the freezing of the account 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.

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 direction (b) above, petitioner will be at full liberty to approach this Court again; for which purpose, all contentions in this Writ Petition are left open and reserved to him, to be impelled in future. Sd/- DEVAN RAMACHANDRAN JUDGE stu APPENDIX OF WP(C) 4183/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMPLAINTS DETAILS

RECEIVED FROM THE 6TH RESPONDENT DATED 08.08.2023 THAT THE PETITIONER IS A SUSPECT IN AN ONLINE TRANSACTION Exhibit P2 A TRUE COPY OF THE STATEMENT OF TRANSACTION DETAILS OF THE PETITIONER'S ACCOUNT FROM 01-01-2023 TO 31-12-2023

Same Court & Year Kerala · 2024 Same Parties Abdurasak vs Union of India Same Judge Honourable Mr. Justice Devan Ramachandran