C.A. ROSHAN E. V. UNION OF INDIA

WP(C)/1682/2024

AI Insights

The case involves C.A. Roshan E., a practicing chartered accountant, who filed a writ petition against the Union of India, the National Cyber Crime Reporting Portal, IDBI Bank, and the Shahpur Police Station. The petitioner sought relief from the High Court of Kerala regarding the freezing of his bank account following a cyber complaint. The court referenced its previous decision in W.P.(C) No.12960 of 2023, which had addressed similar issues. The judgment directed the bank to limit the freeze to the amount specified by the police and set a timeline for the police to reassess the need for continuing the freeze on the account.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 684622 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 15-02-2024
• Assessment Year: misc
• Other Referred Cases: W.P.(C) No.12960 of 2023
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: N J ASHWIN; S M MANU; PRATHEESH CHACKO
• Assessee Lawyers: HAMZATH V K; AYISHA A V K
• Keywords: Bank transaction; Account freeze; Cyber complaint; Police requisition

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945 WP(C) NO. 1682 OF 2024 PETITIONER: C.A. ROSHAN E., AGED 33 YEARS PRACTICING CHARTERED ACCOUNTANT, S/O SALEEM E., RESIDING AT POOKALATHOOR, PULPATTA P.O., MANJERI, MALAPPURAM DISTRICT, KERALA, PIN - 676123 BY ADVS. HAMZATH ALI V.K. AYISHA AFRIN A.V.K. RESPONDENTS: 1 UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI, REPRESENTED BY ITS HOME SECRETARY, PIN - 110001 2 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS NODAL CYBER CELL OFFICER - UTTAR PRADESH, POLICE HEADQUARTERS, LUCKNOW, UTTAR PRADESH, PIN - 226 001 E-MAIL: [e-mail]. 3 THE MANAGER IDBI BANK., MANJERI BRANCH, MARANAT CHAMBERS, 15/855, COURT RD, MANJERI, MALAPPURAM DISTRICT, KERALA, PIN - 676 121. E-MAIL: [e-mail]. 4 THE STATION HOUSE OFFICER SHAHPUR POLICE STATION, SHAHPUR, BASHARATPUR, GORAKHPUR, UTTAR PRADESH, PIN - 273 002 E-MAIL : SO- [e-mail]. BY ADV N.J.ASHWIN SRI.S.MANU – DSGI SRI.PRATHEESH CHACKO - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1682 OF 2024 2 JUDGMENT It is without doubt that the issues involved in this case have already been answered by this Court in W.P.(C) No.12960 of 2023 and connected matters. In the afore circumstances and since the learned counsel for the parties are completely ad idem as above, I allow this writ petition in terms of the afore judgment in the following manner: (a) The respondent - Bank, is directed to confine the order of freeze against the account of the petitioner, only to the extent of the amount mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioner to deal with his account, and transact therein, beyond that limit. (b) The respondent – Police Authorities concerned are hereby directed to inform the Bank as to whether the freezing of the 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. (c) On the Bank receiving the afore information/ intimation from the Police Authorities, they will adhere to the same and WP(C) NO. 1682 OF 2024 3 complete necessary action – either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be. (d) If, however, no information or intimation is received by the Bank in terms of direction (b) above, petitioner will be at full liberty to approach this Court again; for which purpose, all their contentions in this Writ Petition are left open and reserved to him, to be impelled in future. Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 1682 OF 2024 4 APPENDIX OF WP(C) 1682/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE CYBER COMPLAINT HAVING ACKNOWLEDGEMENT NO. 23107230064090 ALONG WITH ALLEGED TRANSACTION DETAILS, PROVIDED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 15.11.2023 Exhibit P2 A TRUE COPY OF THE BANK STATEMENT OF THE PETITIONER'S SAVING BANK ACCOUNT, ON 31.07.2023, HAVING ACCOUNT NO. 1341104000119061 MAINTAINED IN THE 3RD RESPONDENT IDBI BANK, MANJERI BRANCH Exhibit P3 A TRUE COPY OF THE INVOICE BILL HAVING NO. JUL-13/23 DATED 30.07.2023 ISSUED BY THE PETITIONER TO HIS CLIENT NAMED MR. SHAJAHAN Exhibit P4 A TRUE COPY THE CHALLAN RECEIPT ISSUED BY THE INCOME TAX DEPARTMENT HAVING NO. ITNS NO.: 280 Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 12.12.2023 PREFERRED BY THE PETITIONER BEFORE THE RESPONDENTS NO. 3, AND 4 "