Disposed

P H Ismail Kallapu v. the Branch Manager

Karnataka HC5 Jul 2024WP/11900/2024

Case brief

AI extract

What is this about?

Petitioners sought defreezing of their bank accounts frozen after cybercrime complaints across several states. Relying on the Razorpay judgment, the court directed the bank to defreeze the accounts by marking a lien only for the disputed Rs.1,04,735, subject to investigation outcome.

What did the court decide?

Accounts Nos.20130100017384 and 20130100012682 to be defreezed with lien marked only to the extent of Rs.1,04,735/-, subject to investigation outcome.

P H Ismail Kallapu Vs the Branch Manager — Banking and Recovery | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:25617 WP No. 11900 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JULY, 2024 BEFORE

¶3

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.11900 OF 2024 (GM-RES)

¶4

BETWEEN:

¶5

P.H.ISMAIL KALLAPU S/O.UMARABABA AGED ABOUT 60 YEARS NEW HOUSE POST PERMANNUR KALLAPU D.K.-575 017 KARNATAKA

¶6

HASSAN SHAZIL S/O.P.H.ISMAIL KALLAPU AGED ABOUT 23 YEARS NEW HOUSE POST PERMANNUR KALLAPU, D.K.-575 017 KARNATAKA

¶7

…PETITIONERS

¶8

(BY SRI TALHA ISMAIL BENGRE, ADVOCATE)

¶9

AND:

¶10

Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA

¶11

THE BRANCH MANAGER FEDERAL BANK R.E.B.COMPLEX, NH 66 OPPOSITE TO THOKKOTTU BUSTAND ROAD PERMANNUR, DK-575 017 KARNATAKA

¶12

CYBER CRIME POLICE STATION D.K., REP. BY AGA HIGH COURT OF KARNATAKA BUILDING BENGALURU-560 001

¶13

STATION HOUSE OFFICER amended vide CYBER CRIME Order dated 05.07.2024

¶14

¶15

NC: 2024:KHC:25617 WP No. 11900 of 2024

¶16

POLICE STATION (NR) DHARAMASHALA KAMGARA HP ADDL. SP CYBER CRIME NORTHERN RANGE DHARMASHALA DISTRICT KANGRA H.P. 176215

¶17

CYBER CRIME POLICE STATION SOUTH EAST DISTRICT NEHRU PLACE, NEW DELHI-110 048

¶18

CYBER CRIME POLICE STATION VIJAYAWADA NEAR POLICE COMMISSIONER OFFICE BUCKINGHAMPETA, VIJAYAWADA ANDHRA PRADESHA-520 002

¶19

…RESPONDENTS

¶20

(BY SRI PATIL J.M., ADVOCATE FOR R-1; SRI SUDEV HEGDE, AGA FOR R-2)

¶21

THIS WRIT PETITION IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUEA WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION (ANNEXURE-G) / DEFREEZE THE PETITIONERS' ACCOUNT AND RELEASE THE ENTIRE FROZEN AMOUNT, BEARING FEDERAL BANK BEARING THE SB ACCOUNT NOS.2013010007384 and 20130100012682, BRANCH OF THOKOTTU AND ETC.

¶22

THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶23

¶24

NC: 2024:KHC:25617 WP No. 11900 of 2024

¶25

ORDER

¶26

In this petition, the petitioners seek the following reliefs:

¶27

“a. This Hon'ble Court may please pass an order by way of writ of mandamus directing the Respondent to consider the representation (Annexure-G) / de-freeze the Petitioner's account and release the entire frozen amount, bearing FEDERAL Bank bearing the SB account no. 2013010007384 and 20130100012682, branch of Thokottu.

¶28

b. This Hon'ble Court may please quash the order passed by the office Addl. Supernatant of police CID, Cybercrime police station (NR) Dharmshala Distt. Kangra (HP)-bearing Reference No.NR/FF/595/24 dated 4/03/2024 for the amount Rs.10,000/- by the 3^rd Respondent.

¶29

c. This Hon'ble Court may please to quash the

¶30

"cyber crime Complaint Ack. No.20803240018501, lodged against this petitioners accounts for the amount of Rs.10,000/- " by the 4^th Respondent (police station cyber south east district Delhi Police). And also cyber crime complaint

¶31

4 - NC: 2024:KHC:25617 WP No. 11900 of 2024

¶32

Ack.No.30803240009345, lodged against this petitions accounts for the amount of Rs.10,000/" by the 4^th Respondent (police station cyber south east district Delhi Police). And also "cyber crime Complaint Ack.No.30203240005210, lodged against this petitioners accounts for the amount of Rs. 25,976/- " by the 4^th Respondent (police station cyber south east district Delhi Police).

¶33

d. This Hon'ble Court may please to quash the "cyber crime Complaint Ack. No.302030240005329, lodged against this petitioners accounts for the amount of Rs.43759/- "by the 5^th Respondent (police station cyber south east district Delhi Police).

¶34

e. This Hon'ble court may please to pass any order it may deem fit in the interest of justice and equity."

¶35

Heard learned counsel for the petitioners and learned counsel for respondents No.1 and learned Additional Government Advocate for respondent No.2 and perused the material on record.

¶36

5 - NC: 2024:KHC:25617 WP No. 11900 of 2024

¶37

In addition to reiterating the various contentions urged in the memorandum of petition and referring to the material on record, learned counsel for petitioners submits that in respect of petitioners' Bank account Nos.20130100017384 and 20130100012682, out of the total transaction amount, the disputed amount is only Rs.1,04,735/- and that the petitioners have no objection

¶38

for a lien to be created on the said amount and necessary directions may be issued to the respondent – Bank to defreeze the aforesaid subject accounts by marking a lien only to an extent of disputed amount, which is Rs.1,04,735/-. In support of his contention, he placed reliance upon the judgments of this Court in Razorpay

¶39

Software Private Limited Vs. The State of Karnataka and another – W.P.No.62/2022 dated 22.09.2022 and N. Nagaraju Vs. State of Karnataka and another

¶40

– W.P.No.27214/2023 dated 23.01.2024.

¶41

Per contra, learned counsel for respondent No.1 and learned Additional Government Advocate for

¶42

6 - NC: 2024:KHC:25617 WP No. 11900 of 2024

¶43

respondent No.2 submit that the present petition may be disposed of in terms of the judgment passed in Razorpay Software Private Limited by marking a lien to an extent of Rs.1,04,735/- in the account of the petitioners.

¶44

In view of the aforesaid facts and circumstances

¶45

and the judgment of this Court in the case of Razorpay , I deem it just and appropriate to dispose of this petition directing to defreeze the aforesaid Bank account Nos. Nos.20130100017384 and 20130100012682 of the petitioners in the respondent – Bank by marking lien only to an extent of Rs.1,04,735/-. It is needless to state that marking of the said lien would be subject to the final out come of the investigation.

¶46