Disposed

Disha Mohan K v. Union of India

Kerala HC4 Apr 2024WP(C)/6573/2024

Case brief

AI extract

What is this about?

A bank account holder whose account was fully debit-frozen on cyber-crime police intimation sought relief. Following Dr.Sajeer v. Reserve Bank of India, the court directed the Bank to seek the specific disputed amount from police and confine the freeze to it, with timelines and liberty to re-approach if the freeze persists beyond eight months.

What did the court decide?

Directions to Bank to requisition disputed amount from police, confine freeze/lien accordingly, permit transactions beyond it or unfreeze after two months' silence; contentions reserved.

Disha Mohan 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 T.R.RAVI

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THURSDAY, THE 4^TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

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WP(C) NO. 6573 OF 2024

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PETITIONER:

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DISHA MOHAN K

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AGED 31 YEARS, W/O PRATHEESH S.S. SARKKARA HOUSE, EDATHIRUTHY P.O EDAMUTTAM, THRISSUR DISTRICT, PIN - 680703

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BY ADVS. VINOD MADHAVAN M.V.BOSE SANIYA C.V.

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RESPONDENTS:

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1 UNION OF INDIA

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MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI REPRESENTED BY ITS HOME SECRETARY,

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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 - 111037

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3 INDIAN CYBER CRIME COORDINATION CENTRE REPRESENTED BY ITS CEO 5TH FLOOR, NDCC-II BUILDING, JAI SINGH ROAD, NEW DELHI, PIN - 110001

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4 STATE OF HARYANA REPRESENTED BY THE CHIEF SECRETARY 4 TH FLOOR, HARYANA CIVIL SECRETARIAT, SECTOR1, CHANDIGARH, PIN - 160001

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5 STATE POLICE CHIEF HARYANA

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HARYANA STATE POLICE HEADQUARTERS

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WP(C) NO. 6573 OF 2024

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SECTOR-6, PANCHKULA, HARYANA, PIN - 134108

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6 CYBER CRIME POLICE STATION REPRESENTED BY SUPERINTENDENT OF POLICE, HARIZAN COLONY, DLF PHASE 5, SECTOR 43, GURUGRAM, HARYANA, PIN - 122002

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7 THE RESERVE BANK OF INDIA REPRESENTED BY THE DEPUTY GENERAL MANAGER, RBI, BAKERY JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN - 695033

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8 FEDERAL BANK

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CHENTHRAPPINNI BRANCH, THRISSUR DISTRICT, REPRESENTED BY ITS GENERAL MANAGER, PIN - 680687

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9 THE BRANCH MANAGER FEDERAL BANK, CHENTHRAPPINNI BRANCH, THRISSUR DISTRICT, PIN - 680687

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BY ADVS VISHNU JAYAPALAN MOHAN JACOB GEORGE, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6573 OF 2024

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T.R. RAVI, J.

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W.P.(C). No.6573 of 2024

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Dated this the 4^th day of April, 2024

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JUDGMENT

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The petitioner is the holder of accounts with the 8^th respondent

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Bank and her account has been frozen on intimation by Police Authorities. The Court had at the time of admission, issued interim directions to restrict the freezing of the account to the amount which had been subject matter of the dispute as per the intimation received from the Police authorities. However, it is seen that the notice to the Bank does not mention the disputed amount, and seeks a complete debit freeze of all the amounts in credit. In such circumstances, following the decision in Dr.Sajeer v. Reserve Bank of India [ 2023

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KHC OnLine 661] , this writ petition is disposed of with the following directions;

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(a) The respondent Bank is directed to immediately issue a request to the Investigation Authority/Police Authority and seek the amount which is required to be kept in freeze or held in lien in the account of the petitioner. This shall be done by the Bank within a period of one month from the date of receipt of a copy of this judgment.

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WP(C) NO. 6573 OF 2024

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(b) In the event that the Investigating Officer/Police Authority responds to the afore requisition and mentions a particular amount, as being the sum that is required to be kept frozen or held in lien, then the respondent Bank will confine the freeze/lien to such an extent and allow the petitioner/account holder to deal with his account and transact therein beyond that limit.

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(c) On the contrary, if no information is received from the Police Authority/Investigating officer within a period of two months from the date on which the afore requisition was made by the respondent Bank, then they will allow the petitioner/account holder to transact fully in his account, notwithstanding the debit freeze requisition, subject to any further information to be received from the Police Authority/Investigating Officer in future.

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(d) As an alternative, if the response from the Police Authority/Investigating Officer is that the entire account be frozen for any reason that is mentioned therein, then the Bank will inform the petitioner/account holder accordingly and continue the freeze in such a manner for a further period of eight months thereafter.

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(e) If, after a period of eight months, the

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WP(C) NO. 6573 OF 2024

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requisition made by the Police Authorities - either to a particular sum or the full amount in the account of the account holder - is not withdrawn, then the petitioner/account holder will be at full liberty to approach this Court again; which purpose, all contentions in this writ petition are reserved to him to be impelled in future.

Sd/---

T.R. RAVI

JUDGE

WP(C) NO. 6573 OF 2024

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APPENDIX OF WP(C) 6573/2024

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PETITIONER'S EXHIBITS

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Exhibit P 1 TRUE COPY OF THE EMAIL SENT BY THE PETITIONER TO THE RESPONDENT BANK DATED 12/10/2023 Exhibit P 2 TRUE COPY OF THE REPLY SENT BY THE RESPONDENT BANK TO THE PETITIONER DATED 17/10/2023 Exhibit P 3 THE TRUE COPY OF THE NOTICE DATED 07/10/2023 SENT BY THE RESPONDENT FEDERAL BANK, CHENDHRAPPINNI BRANCH Exhibit P 4 TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER FOR THE PERIOD OF 17.06.2023 TO 14.12.2023

Disha Mohan K v. Union of India

Case brief

What is this about?

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Disha Mohan K v. Union of India

Case brief

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