Ajmal. K vs National Cyber Crime Reporting Portal Represented by Its Director

Type Court Judgment Court Kerala Decided Mar 01, 2024

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https://sooperkanoon.com/case/1309191

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Citation: sooperkanoon.com/1309191
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Mar 01, 2024
Case Number: WP(C)/5887/2024

Parties & Advocates

Appellant / Petitioner

Ajmal. K

Respondent

National Cyber Crime Reporting Portal Represented by Its Director

Excerpt

.....involved in this case are covered by the judgment of this court in dr.sajeer v. reserve bank of india [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.2. in fact, sri.sunil shanker - learned standing counselappearing for the respondent-bank, submitted that the amount in the requisition for debit freeze of the petitioner’s account is only rs.18,000/- and that the balance will be ‘de-freezed’. consequently, i order this writ petition with the following directions:(a) the respondent bank arrayed in this case, is directed toconfine 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 his account, and transact therein, beyond that limit.(b) the respondent - police authorities concerned are herebydirected 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 thisjudgment.(c) on the bank receiving the afore information/intimationfrom 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 bythe bank in terms of directions (b) above, the petitioner will be at full liberty to approach this court again; for which purpose, all his contentions in this writ petition are left open and reserved to him, to impel in future. sd/- rr devan ramachandran judge appendix of wp(c) 5887/2024 petitioner exhibits exhibit -p1 true copy of the email dated 01.11.2023 exhibit -p2 true copy of the representation dated.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 WP(C) NO. 5887 OF 2024 PETITIONER: AJMAL. K., AGED 24 YEARS, S/O HAMZA. K, KOTTILIL HOUSE, MUDUR P O, VATTAMKULAM, MALAPPURAM DISTRICT, KERALA, PIN - 679578 BY ADVS. T.SANJAY SANIL KUMAR G. SHABNA T.K. RESPONDENTS: 1 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY -8, MAHIPALPUR, NEW DELHI, PIN - 110037 2 THE NODAL OFFICER OF KERALA STATE NATIONAL CYBER CRIME REPORTING PORTAL, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA NEW-DELHI., PIN - 110037
3 THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM., PIN - 695001 4 THE DISTRICT POLICE CHIEF MALAPURAM MALAPPURAM DISTRICT., PIN - 676521 5 THE DEPUTY INSPECTOR GENERAL OF POLICE (THRISSUR RANGE), HIGH ROAD, THRISSUR, PIN - 680001
6 THE SOUTH INDIAN BANK REPRESENTED BY THE BRANCH MANAGER, EDAPPAL BRANCH, CRESENT PLAZA, D NO.684/C2, WARD NO.7, EDAPPAL, MALAPPURAM, PIN - 679576 7 RESERVE BANK OF INDIA, CENTRAL OFFICE, MUMBAI REPRESENTED BY THE CHIEF GENERAL MANAGER, RESERVE BANK OF INDIA, CENTRAL OFFICE, WORLD TRADE CENTRE, CUFFE PARADE, MUMBAI, PIN - 400005 8 GENERAL MANAGER, RESERVE BANK OF INDIA BAKERY JUNCTION ROAD, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033 BY ADVS. SUNIL SHANKAR A - R6 VIDYA GANGADHARAN(K/000424/2020) SMT. VIDYA KURIAKOSE, GP FOR R3 TO R5, SRI.S.MANU, DSGI FOR R1 & R2, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The facts involved in this case are covered by the judgment of this Court in Dr.Sajeer V. Reserve Bank of India [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.

2. In fact, Sri.Sunil Shanker - learned Standing Counsel

appearing for the respondent-Bank, submitted that the amount in the requisition for debit freeze of the petitioner’s account is only Rs.18,000/- and that the balance will be ‘de-freezed’. 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 his account, and transact therein, beyond that limit.

(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.

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 will be at full liberty to approach this Court again; for which purpose, all his contentions in this Writ Petition are left open and reserved to him, to impel in future. Sd/- RR DEVAN RAMACHANDRAN JUDGE APPENDIX OF WP(C) 5887/2024 PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE EMAIL DATED 01.11.2023 Exhibit -P2 TRUE COPY OF THE REPRESENTATION DATED 12.12.2023 SENT TO THE 6TH RESPONDENT Exhibit -P3 TRUE COPY OF THE JUDGMENT DATED 25.09.2023 IN W.P.(C) 12960/2023 AND CONNECTED CASES REPORTED IN 2023 KHC ONLINE 661

Same Court & Year Kerala · 2024 Same Parties Ajmal. K vs National Cyber Crime Reporting Portal Represented... Same Judge Honourable Mr. Justice Devan Ramachandran