Alamsha Vs the Station House Officer — Cheating and Forgery | Kerala HC (2025)

Alamsha Vs the Station House Officer — Cheating and Forgery | Kerala HC (2025)

What the court decided

AI extract

Outcome

Permission to the petitioner to approach the jurisdictional Magistrate (Judicial First Class Magistrate Court-I, Perambra) and work out his remedies in accordance with law, including an application under Sections 497/503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for lifting of the debit freeze; no direction issued to the 2nd respondent bank to lift the freezing.

Issue for consideration

Whether the 2nd respondent bank's freezing (debit freeze) of the petitioner's bank account No.607765462, effected on the requisition of the 1st respondent police during investigation of Ext.P2 FIR, ought to be lifted in this writ petition. +1 more

Court's answer

The writ petition is disposed of by permitting the petitioner to approach the jurisdictional Magistrate and work out his remedies in accordance with law; no direction is issued to the bank to lift the freezing.

Ratio / Principle

In view of the registration of Ext.P2 FIR alleging offences under Sections 406 and 420 IPC and the settlement arrived at between the petitioner and the 3rd respondent/defacto complainant, it is up to the petitioner to approach the Judicial First Class Magistrate Court-I, Perambra (the jurisdictional Magistrate) and file an application under Sections 497/503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking lifting of the debit freeze of his bank account.

Detailed headnote1 paragraphs

Bank account freeze — Debit freeze of customer's account by bank at the requisition of investigating police during pendency of FIR (offences under Sections 406 and 420 IPC) — Writ petition seeking direction to bank to lift freezing of account — Subject matter settled between account holder and defacto complainant — Held, it is up to the petitioner to approach the jurisdictional Magistrate (Judicial First Class Magistrate Court-I, Perambra) and file an application under Sections 497/503 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking lifting of the debit freeze — Writ petition disposed of permitting the petitioner to approach the jurisdictional Magistrate and work out his remedies in accordance with law (C.S. Dias, J.).

WP(C) NO. 11510 OF 2025 1

2025:KER:28407

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE C.S.DIAS

THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

WP(C) NO. 11510 OF 2025

PETITIONER:

ALAMSHA

AGED 32 YEARS

S/O LATHEEF, NL MANZIL, MANCODE (PO), KOTTARAKARA,
KOLLAM, PIN - 691559

BY ADVS. SRI.SREERAJ M.D.
SRI.SAMPATH T.
SMT.NEELANJANA NAIR

RESPONDENTS:

1 THE STATION HOUSE OFFICER KOORACHUNDU POLICE STATTION, KOORACHUNDE, KANTHALAD, KOZHIKODE, PIN - 673527

2INDIAN BANK
REPRESENTED BY ITS AUTHORISED OFFICER, IRIS
BUILDING, KIZHAKKUMBHAGAM, CHITHARA, KERALA ,
PIN - 691559

3SREYA THANKACHAN
AGED 28 YEARS
D/O THANKACHAN, PAANAKKATTU HOUSE, VANJODU PO,
KANJIRANGAAD, MANNATHAVADI, WAYANAD, PIN - 670731

4 ANNA GRACE OSTIN MUTTIL (PO), WAYANAD DISTRICT, PIN - 673122

BY SRI.BINOY VASUDEVAN, SC
 SRI B S SYAMANTHAK, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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2025:KER:28407

JUDGMENT

Dated this the 03^rd day of April, 2025

The writ petition is filed to direct the 2^nd respondent bank to lift the freezing of the petitioner’s bank account bearing No.607765462.

The petitioner is the holder of the above bank account with the 2^nd respondent bank. The petitioner contends that the 2^nd respondent has frozen the petitioner’s bank account pursuant to a requisition from the 1^st respondent. The action of the 2^nd respondent is illegal and arbitrary. Hence, this writ petition.

Heard; the learned counsel appearing for the petitioner, the learned Government Pleader, the learned counsel for the 2^nd respondent and the learned counsel for the 3^rd respondent/ the defacto complainant.

The learned counsel for the petitioner and

the learned counsel for the 3^rd respondent submitted that, the subject matter in dispute between them, which lead to

WP(C) NO. 11510 OF 2025 3

2025:KER:28407 the registration of Ext.P2 First Information Report, has been settled between the parties. Therefore, the 3^rd respondent has no grievance in the bank lifting the debit freezing of the petitioner’s bank account.

The learned Government Pleader submitted that, Ext.P2 FIR has been registered by the 1^st respondent and investigation is in progress. It is based on the requisition made by the 1^st respondent for the purpose of investigation that the 2^nd respondent has freezed the petitioner’s bank account.

On a consideration of the facts and the

materials on record, particularly that Ext.P2 FIR has already been registered by the 1^st respondent alleging that the accused in the said crime has committed an offence under Section 406 and 420 of the Indian Penal Code, I am of the definite view that it will be upto the petitioner to approach the Judicial First Class Magistrate Court-I, Perambra, (the jurisdictional Magistrate) and file an application under Sections 497/503 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and seek for lifting of

WP(C) NO. 11510 OF 2025 4

2025:KER:28407 debit freezing of the petitioner’s bank account, especially in view of the settlement arrived at between the petitioner and the 3^rd respondent/the defacto complainant.

In the result, the writ petition is disposed of, by permitting the petitioner to approach the jurisdictional Magistrate and work out his remedies in accordance with law.

Sd/-

C.S.DIAS, JUDGE

NAB

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APPENDIX OF WP(C) 11510/2025

PETITIONER EXHIBITS

EXHIBIT P1TRUE COPY OF THE BANK PASS BOOK IN
RESPECT OF THE PETITIONER
EXHIBIT P2TRUE COPY OF FIR IN CRIME NO. 428/2024 OF
KOORACHUNDU POLICE STATION
EXHIBIT P3TRUE COPY OF AGREEMENT DATED 10.02.2025