Allowed

Muhammed Raseel M.K v. Union of India

Kerala HC15 Feb 2024WP(C)/55/2024

Case brief

AI extract

What is this about?

A writ petition challenging the freezing of the petitioner's bank account after police requisition in a cyber-crime investigation was allowed in terms of an earlier judgment of this Court. The Court directed that the freeze be confined to the amounts specified in the police requisition, with police required to advise on continuation within eight months.

What the court decided

AI extract

Muhammed Raseel M.K Vs Union of India — Banking and Recovery | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 55 OF 2024

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PETITIONER:

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MUHAMMED RASEEL M.K., AGED 24 YEARS, S/O KABEER M,
MURINGAKKODAN HOUSE, MANNARKKAD, PERIMBADARI POST,
PALAKKAD DISTRICT, KERALA, PIN – 678762

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BY ADVS.
T.S.SARATH
S.SAMEER

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RESPONDENTS:

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1 UNION OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI, REPRESENTED BY ITS HOME SECRATARY, PIN – 110001

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2 NATIONAL CYBER CRIME REPORTING PORTAL, REPRESENTED BY ITS NODAL CYBER CELL OFFICER, UTTAR PRADESH NATIONAL HIGHWAY-8, MAHIPALPUR, NEW DELHI, PIN – 110037

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3 STATE OF MAHARSHTRA, REPRESENTED BY ITS CHIEF SECRATARY, CS OFFICE MAIN BUILDING, MANTRALAYA, 6TH FLOOR, MADAME CAMA ROAD, MUMBAI, MAHARSHTRA, PIN – 400032

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4 STATE POLICE CHIEF, POLICE HEAD QUARTERS, OLD COUNCIL HALL, SHAHEED BHAGAT SINGH MARG, MUMBAI, MAHARSHTRA, PIN – 400001

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5 POLICE INSPECTOR, ECONOMIC OFFENCE WING, MIRA BHAYNDER VASAI VIRAR COMMISSIONERATE, MIRAR ROAD EAST, MIRA BHAYANDAR, MAHARASHTRA, PIN – 401107

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6 THE SOUTH INDIAN BANK LTD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, HEAD OFFICE, SIB HOUSE, MISSION QUARTERS, THRISSUR DISTRICT, KERALA, PIN – 680001

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7 THE BRANCH MANAGER, THE SOUTH INDIAN BANK LTD MANNARKKAD BRANCH, NAFEESA SQUARE, OPP. KSEB, MAIN ROAD, MANNARKKAD, PALAKKAD DISTRICT, KERALA, PIN - 678582

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WPC 55/24

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BY ADVS.
KIRAN M.S.
SUNIL SHANKAR A
VIDYA GANGADHARAN(K/000424/2020)
SANDHRA.S(K/001610/2021)
S.MANU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 55/24

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.

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

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(a) The respondent Bank arrayed in this case, is directed to

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confine the order of freeze against the account of the petitioner, only to the extent of the amounts mentioned in the order/requisition issued to him by the Police Authorities. This shall be done forthwith,

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so as to enable the petitioner to deal with his account, and transact therein, beyond that limit.

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(b) The respondent – Police Authorities concerned are hereby

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directed to inform the Bank as to whether freezing of 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.

WPC 55/24

the Police Authorities, they will adhere to the same and complete

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necessary action – either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be.

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(d ) If, however, no information or intimation is received by the

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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,

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to impel in future.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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RR

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WPC 55/24

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APPENDIX OF WP(C) 55/2024

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PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE COMMUNICATION FROM 7TH
RESPONDENT BANK, DATED 27/11/2023
Exhibit 2A TRUE COPY OF THE BANK STATEMENT OF THE
PETITIONER BEARING SAVINGS ACCOUNT NO.
0048073000001361 ISSUED BY THE 7TH
RESPONDENT BANK, DATED 03/11/2023 FOR A
PERIOD FROM 20/09/2023 TO 02/11/2023.

Muhammed Raseel M.K v. Union of India

Case brief

What is this about?

What the court decided

Muhammed Raseel M.K v. Union of India

Case brief

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