Arshad P. vs Union of India

Type Court Judgment Court Kerala Decided Dec 22, 2023

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Citation: sooperkanoon.com/1408176
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Dec 22, 2023
Case Number: WP(C)/39372/2023

Parties & Advocates

Appellant / Petitioner

Arshad P.

Respondent

Union of India

Excerpt

.....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 thiscase, 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. -4-(b) the respondent - police authoritiesconcerned 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 aforeinformation/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 orintimation 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 -5- petition are left open and reserved to him, to impel in future. sd/- devan ramachandran judge akv -6- appendix of wp(c) 39372/2023 petitioner exhibits exhibit p1 a true copy of the account statementof the petitioner's savings account, having account no. 99980101371040, maintained in the federal bank - chelari branch, for the period of 12.05.23 to 08.11.23 issued by the 3rd respondentexhibit p2 a true copy of the letter issued by exhibit p2a a true copy of the letter issued by exhibit p2b a true copy of the letter issued by exhibit p3 a true copy of the representation 2, 3, and 4 is produced herewith exhibit p3a a true.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 PETITIONER: ARSHAD P., AGED 26 YEARS, S/O KHALID, RESIDING AT KARANAMANGAL, CHATHRATHODI, PARAMBIL PEEDIKA P.O., MALAPPURAM, KERALA - 676 317, PIN - 676317. BY ADVS. HAMZATH ALI V.K. AYISHA AFRIN A.V.K. RESPONDENTS: 1 UNION OF INDIA, MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI, REPRESENTED BY ITS HOME SECRETARY, PIN - 110001. 2 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER - GUJARAT, SP OFFICE - CHHOTAUDEPUR, GHELVANT, GUJARAT, PIN - 391165 E-MAIL: [email protected], PIN-391165. 3 THE MANAGER, THE FEDERAL BANK LTD., CHELARI BRANCH, 3J TOWERS, VELIMUKKU P.O., MALAPPURAM, KERALA, PIN - 676 317. E-MAIL: [email protected], PIN - 676317. 4 THE STATION HOUSE OFFICER, CHIKHLI POLICE STATION, CHIKHLI, PIN - 396 521 E-MAIL : PI-CHIKHLI- [email protected], PIN - 396521. 5 THE STATION HOUSE OFFICER, NARANPURA POLICE STATION, AHEMDADABAD CITY, GUJRAT, PIN - 380013 E-MAIL : [email protected], PIN - 380013. 6 NATIONAL CYBER CRIME REPORTING PORTAL
REPRESENTED BY ITS NODAL CYBER CELL OFFICER - DELHI, CITY CENTER, SECTOR - 12, DWARKA, NEW DELHI, PIN - 110075 E-MAIL: NCRP.DELHI@DELHIPOLICE. GOV.IN, PIN - 110075. 7 THE STATION HOUSE OFFICER, CYBER POLICE STATION - SOUTH DELHI, DISTRICT CENTRE, -2- SECTOR 6, PUSHP VIHAR, NEW DELHI, PIN - 110 017 E-MAIL : [email protected], PIN - 110017. BY ADVS. 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) SRI S MANU-DSGI; SRI MOHAN JACOB GEORGE-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-

JUDGMENT

The facts involved in this case are covered by the judgment of this Court in W.P.(C).No.12960/2023 and connected matters. 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 his account, and transact therein, beyond that limit. -4-

(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.

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 will be at full liberty to approach this Court again; for which purpose, all his contentions in this Writ -5- Petition are left open and reserved to him, to impel in future. Sd/- DEVAN RAMACHANDRAN JUDGE akv -6- APPENDIX OF WP(C) 39372/2023 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ACCOUNT STATEMENT

OF THE PETITIONER'S SAVINGS ACCOUNT, HAVING ACCOUNT NO. 99980101371040, MAINTAINED IN THE FEDERAL BANK - CHELARI BRANCH, FOR THE PERIOD OF 12.05.23 TO 08.11.23 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE LETTER ISSUED BY EXHIBIT P2A A TRUE COPY OF THE LETTER ISSUED BY EXHIBIT P2B A TRUE COPY OF THE LETTER ISSUED BY EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION 2, 3, AND 4 IS PRODUCED HEREWITH EXHIBIT P3A A TRUE COPY OF THE REPRESENTATION 2 3, AND 5 EXHIBIT P3B A TRUE COPY OF THE REPRESENTATION 3, 6 AND 7

Same Court & Year Kerala · 2023 Same Parties Arshad P. vs Union of India Same Judge Honourable Mr. Justice Devan Ramachandran