Allowed

Basim.K.P., v. the Union of India

Kerala HC15 Dec 2023WP(C)/37788/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed by petitioners contesting a freeze on their bank accounts. The judgment allowed petitioners relying on a connected judgment, directing the bank to lift the freeze beyond Police-quantified amounts and issue intimation to Police Authorities regarding continued freezing within eight months.

What did the court decide?

The Bank is directed to confine the freeze to amounts mentioned in Police orders; Police Authorities directed to inform Bank within eight months on continuation of freeze.

Basim.K.P., Vs the Union of India — Banking and Recovery | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945

¶5

WP(C) NO. 37788 OF 2023

¶6

PETITIONERS:

¶7

1BASIM.K.P
AGED 31 YEARS
S/O SAINUDHEEN.K.P, KANNADIPARAMBU HOUSE, VALIYAPARAMBA,
VALIYAPARAMBA P.O, PULIKKAL, MALAPPURAM DISTRICT, PIN -
673637
2RAMLA.K.P
AGED 47 YEARS
W/O SAINUDHEEN.K.P, KODUKKIL UPPUNIKUZHI, KANNADIPARAMBU,
VALIYAPARAMBU.P.O, PULIKKAL, MALAPPURAM DISTRICT, PIN -
673637
BY ADV P.M.RAFIQ

¶8

RESPONDENTS:

¶9

1THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS,
NEW DELHI., PIN - 110001
2THE RESERVE BANK OF INDIA
REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI,
MAHARASHTRA, PIN - 400029
3THE STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM.,
PIN - 695014
4SOUTH INDIAN BANK
KONDOTTY BRANCH, BYPASS ROAD, KONDOTTY, MALAPPURAM
DISTRICT., PIN - 673638
5THE STATION HOUSE OFFICER
CEN CRIME POLICE STATION, WHITE FIELD, BANGALURU, STATE
OF KARNATAKA, PIN - 560066
6THE INSPECTOR OF POLICE
NCCRP KASHIMIRA POLICE STATION, MIRA ROAD EAST, MIRA
BHAYANDAR, STATE OF MAHARASHTRA, PIN - 401104
SRI. SUNIL K.KURIAKOSE, GP, SRI. S.MANU, DSGI., SRI.
SUNIL SANKAR P.

¶10

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶11

WP(C) NO. 37788 OF 2023

¶12

¶13

JUDGMENT

¶14

The facts involved in this case are covered

¶15

bythejudgmentofthisCourtin

¶16

W.P.C).No.12960/2023 and connected matters. Since

¶17

the learned counsel for the parties are

¶18

ad idem on this, I allow this writ petition in
terms of the said judgment.

¶19

Consequently, I order this Writ Petition with
the following directions:

¶20

(a) The respondent Bank arrayed in this case,

¶21

is directed to confine the order of freeze

¶22

against the accounts of the petitioner, only to

¶23

the extent of the amounts mentioned in the
order/requisition issued to them by the Police
Authorities. This shall be done forthwith, so as

¶24

to enable the petitioner to deal with their

¶25

accounts, and transact therein, beyond that
limit.

¶26

WP(C) NO. 37788 OF 2023

¶27

¶28

concerned are hereby directed to inform the Bank

¶29

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,

¶30

for what further time, within a period of eight
months from the date of receipt of a copy of this
judgment.

¶31

information/intimationfromthePolice

¶32

Authorities, they will adhere to the same and
complete necessary action – either continuing the
freeze for such period as mentioned therein; or

¶33

withdrawing it, as the case may be.

¶34

intimation is received by the Bank in terms of

¶35

directions (b) above, the petitioner or such
among them, will be at full liberty to approach

¶36

WP(C) NO. 37788 OF 2023

¶37

this Court again; for which purpose, all their
contentions in this Writ Petition are left open
and reserved to them, to impel in future.

¶38

 Sd/-

¶39

DEVAN RAMACHANDRAN

¶40

JUDGE

¶41

SAS

¶42

WP(C) NO. 37788 OF 2023

¶43

¶44

APPENDIX OF WP(C) 37788/2023

¶45

PETITIONER’S EXHIBITS:

¶46

`Exhibit P1`	`TRUE COPY OF THE INTIMATION DATED 23.08.2023`
	`RECEIVED BY LST PETITIONER FROM THE 4TH` `RESPONDENT AS REGARDS MARKING LIEN ON HIS`
	`ACCOUNT IN PURSUANT TO CRIME PENDING AT CEN`
	`WHITE FIELD POLICE STATION, BANGULURU`
`Exhibit P2`	`TRUE COPY OF THE INTIMATION DATED 23.08.2023`
	`RECEIVED BY 1ST PETITIONER FROM THE 4TH` `RESPONDENT AS REGARDS MARKING LIEN ON HIS`
	`ACCOUNT IN PURSUANT TO CRIME PENDING AT NCCRP` `KASHIMIRA POLICE STATION, MAHARASHTRA`
`Exhibit P3`	`TRUE COPY OF THE INTIMATION DATED 23.08.2023`
	`RECEIVED BY 2ND PETITIONER FROM THE 4TH`
	`RESPONDENT AS REGARDS MARKING LIEN ON HER`
	`ACCOUNT IN PURSUANT TO CRIME PENDING AT CEN`
	`WHITE FIELD POLICE STATION, BANGULURU`

Basim.K.P., v. the Union of India

Case brief

What is this about?

What did the court decide?

Basim.K.P., v. the Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Jaimon James Vs Union of India

S Remadevi Vs the District Collector

V.P.Rajendran, Vs Spices Board

Muhammed Nizam Kt Vs 1) State Bank of India

Sarala W/O Sukumaran Vs Union of India Represented by General Manager, Southern Railway

Chandramathi Vs State of Kerala