ABDUL KALAM M V. THE UNION OF INDIA

WP(C)/31060/2023

AI Insights

The case involves multiple petitioners whose bank accounts were frozen by various police authorities across India due to alleged involvement in cyber financial crimes. The petitioners argued that their accounts were frozen without clear reasons, causing significant business losses and prejudicing their operations. The court recognized the need for safeguards in the use of the Unified Payment Interface (UPI) system, which, while facilitating easy transactions, has been misused for cyber crimes. The court's decision aims to balance the need for ongoing investigations into cyber crimes with the rights of innocent account holders who are unaware of the criminal activities associated with their accounts.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 725610 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 25-09-2023
• Assessment Year: misc
• Laws Referred To: Unified Payment Interface (UPI), National Cyber Crimes Portal (NCCP)
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: SAJU N A G LEKHA; UMA G KRISHNAN; P J FLONY
• Assessee Lawyers: K REEHA KHADER; ABDUL SHUKOOR MUNDAMBRA; K RAKESH CHELAT
• Keywords: Account Freezing; Cyber Crime; Financial loss; Police Advisory; UPI Transactions
• Section: 102; 91

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 12960 OF 2023 PETITIONER: DR SAJEER , AGED 32 YEARS SAJEER MANZIL PATHIYARAKKARA PALAYAD KOZHIKODE, PIN - 673105 BY ADV K.REEHA KHADER RESPONDENT: 1 RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR OF RBI NO. 6507, BAKERY JUNCTION ROAD NANDAVANAM, PALAYAM THIRUVANANTHAPURAM, KERALA-, PIN - 695033 2 THE AXIS BANK REPRESENTED BY ITS AUTHORIZED OFFICER VADAKARA BRANCH, VADAKARA KOZHIKKODE-, PIN - 673101 BY ADVS. Saju N. A. G.LEKHA(K/1507/2000) UMA.G.KRISHNAN(K/973/2004) P.J.FLONY(K/313/2007) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).29319/2023, 30475/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 29319 OF 2023 PETITIONER: FARASUL NISAN. N AGED 32 YEARS S/O. ABDUL KAREEM.N, NAMBUTHODIKA HOUSE, KODIYATHUR (P.O), MUKKAM VIA, KOZHIKODE DISTRICT, PIN - 673602 BY ADVS. ABDUL SHUKOOR MUNDAMBRA P.C.MUHAMMED NOUSHIQ RESPONDENTS: 1 THE BANK MANAGER, ICICI BANK LTD, BP BUILDING, MAIN ROAD, MUKKAM KOZHIKODE, KERALA, PIN - 673602 2 THE DGP, STATE CYBER CRIME CELL, 7TH FLOOR,BLOCK-2, KARMYOGI BHAVAN, SECTOR-10 A, GANDHI NAGAR 382010 GUJARATH EMAIL: HELPLINE-CYBER- [e-mail], PIN - 382010 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 3 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 30475 OF 2023 PETITIONER: ABOOJASIN AGED 33 YEARS S/O. SUBAIR T., THEKKINCHI HOUSE, MADAVOOR P.O., KOZHIKODE DISTRICT, PIN - 673585 BY ADVS. K.RAKESH RAJESH BABU CHELAT RESPONDENTS: 1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110000 2 THE RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI, MAHARASTRA, PIN - 400029 3 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014 4 THE STATION HOUSE OFFICER DIGGI TONK POLICE STATION, RAJASTAN, PIN - 304504 5 THE STATION HOUSE OFFICER CYBER CRIME POLICE STATION, RACHAKONDA, TELUNGANA, PIN - 508252 6 THE STATION HOUSE OFFICER CYBER CRIME POLICE STATION, 3RD FLOOR, NEW PANIGATE POLICE STATION BUILDING, OPPOSITE PANIGATE WATER TANK, AJWA ROAD, VADODHARA CITY, GUJARAT, PIN - 390001 7 THE STATION HOUSE OFFICER TULINJ POLICE STATION, MAHARASHTRA, PIN - WP(C) NO.12960 OF 2023 & conn.cases 4 401209 8 ICICI BANK THAMARASSERI BRANCH, THAMARASSERI P.O., KOZHIKODE DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN - 673574 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 5 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 30895 OF 2023 PETITIONER: MANU RASHEED AGED 23 YEARS S/O ABDUL SALEEM T.P, THALAPPADIKKAL HOUSE PALAKKUTTY, MANIPURAM P.O KODUVALLY, KOZHIKODE, PIN - 673572 BY ADVS. P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA FAIZEL K. SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA ALWIN JOSEPH RESPONDENT: THE FEDERAL BANK KODUVALLY BRANCH, IRIS TOWER KODUVALLY P.O, KOZHIKODE REPRESENTED BY ITS MANAGER, PIN - 673572 BY ADVS. Mohan Jacob George P.V.PARVATHY (P-41)(K/000036/1991) REENA THOMAS(R-364) NIGI GEORGE(K/1169/2012) ANANTHU V.LAL(K/001233/2022) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 6 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 31060 OF 2023 PETITIONERS: 1 ABDUL KALAM M AGED 50 YEARS S/O. ABOOBACKER HAJI, MANNARIKKAL HOUSE, TC ROAD, TIRURANGADI TALUK, MALAPPURAM, PIN - 676306 2 HASHEER M AGED 24 YEARS S/O. KINHIMUHAMMED, MALANGADAN HOUSE, SHAPPINKUNNU, KARAKKUNNU P.O., MALAPPURAM DISTRICT, PIN - 676123 3 FOUSIYA AGED 40 YEARS W/O. USMAN, KARANATHODUVIL HOUSE, MANKADA, KOOTTIL P.O. MALAPPURAM DISTRICT, PIN - 679324 4 USMAN K.S. AGED 60 YEARS S/O. SAIDALI K., KARANATHODUVIL HOUSE, MANKADA, KOOTTIL P.O. MALAPPURAM DISTRICT, PIN - 679324 5 SHOUKATHALI V AGED 53 YEARS S/O. MUHAMMED V., VATTAMANNATHODI HOUSE, MANKADA, KOOTTIL P.O. MALAPPURAM DISTRICT, PIN - 679324 6 MUHAMMED SHAFI AGED 27 YEARS S/O. ABDUL HAKKEEM, KUNNUMMAL HOUSE, KALIKAVU P.O., MALAPPURAM DISTRICT, PIN - 676525 7 SHAKEEB C AGED 27 YEARS S/O. KUNHIMUHAMMED, CHUKKAN HOUSE, MELANGADI P.O., KONDOTTY, MALAPPURAM DISTRICT, PIN - 673638 8 MUHAMMED SHAFEEQUE WP(C) NO.12960 OF 2023 & conn.cases 7 AGED 24 YEARS S/O. KUNHIMUHAMMED, ERANIYIL HOUSE, MATTATHUR P.O., MALAPPURAM DISTRICT, PIN - 676528 9 JAMEELA AGED 55 YEARS W/O. SAIDALAVI, PALLIPPURAM HOUSE, VENGARA P.O., PARAMBIL PADI, MALAPPURAM DISTRICT, PIN - 676304 10 ILLYAS MANGADAN AGED 32 YEARS MANGADAN HOUSE, VENGARA P.O., PARAMBIL PADI, MALAPPUAM DISTRICT, PIN - 676304 11 JOSHY P.J. AGED 51 YEARS S/O. JOSE P.T., PERUMBULLY HOUSE, THALIYAKANOM, MADIYAKANOM, THRISSUR DISTRICT, PIN - 680712 12 M/S KAZZE FINSERVE PVT. LTD. 2ND FLOOR, CM MATHEW BROTHERS ARCADE, ERANHIPALAM, NEAR WESTWAY HOTEL, KOZHIKODE, REPRESENTED BY THE MANAGING DIRECTOR, PRABHUL ISSAC, KUNNUMPURATH HOUSE, MANKUVA P.O., CHINNAR, IDUKKI DISTRICT, PIN - 673005 BY ADVS. K.RAKESH AMEEN HASSAN K. RESPONDENTS: 1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110001 2 THE RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI, MAHARASTRA, PIN - 400029 3 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014 4 THE SOUTH INDIAN BANK LTD. CHEMMAD BRANCH, TIRURANGADI P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN - 676306 5 THE SOUTH INDIAN BANK LTD. MANJERI BRANCH, MANJERI P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, WP(C) NO.12960 OF 2023 & conn.cases 8 PIN - 676121 6 STATE BANK OF INDIA MANKADA BRANCH, MANKADA P.O., MALAPPURAM DISTRICT, PIN - 679 324 REPRESENTED BY ITS BRANCH MANAGER, PIN - 679324 7 THE FEDERAL BANK MANKADA BRANCH, MANKADA P.O., MALAPPURAM DISTRICT, PIN - 679 324 REPRESENTED BY ITS BRANCH MANAGER, PIN - 679324 8 THE SOUTH INDIAN BANK LTD. KALIKAVU BRANCH, KALIKAVU P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN - 676525 9 THE BANK OF BARODA KONDOTTY BRANCH, KONDOTTY P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN - 673638 10 THE HDFC BANK KOTTAKKAL BRANCH, KOTTAKKAL P.O., MALAPPURAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN - 676503 11 THE SOUTH INDIAN BANK LTD. VENGARA BRANCH, VENGARA P.O., MALAPPURAM DISTRICT, PIN -676 304 REPRESENTED BY ITS BRANCH MANAGER, PIN - 676304 12 THE FEDERAL BANK IRINGALAKUDA BRANCH, IRINGALAKUDA P.O., THRISSUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN - 680121 13 THE STATION HOUSE OFFICER CYBER CRIME POLICE STATION, VADODHARA, GUJARAT, PIN - 390001 14 THE POLICE INSPECTOR CEN POLICE STATION, NORTH EAST DIVISION, BENGALURU CITY, KARNATAKA, PIN - 650002 BY ADV BEPIN VIJAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 9 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 28908 OF 2023 PETITIONER: JALALUDHEEN V K AGED 38 YEARS KOYASSANVALIYA KIZHAKEYIL HOUSE THALAYAD P O KOZHIKODE, PIN - 673574 BY ADVS. SADCHITH.P.KURUP VINOD JABAR C.P.ANIL RAJ SIVA SURESH RESHMA RAJ RESPONDENTS: 1 DBS BANK GROUND FLOOR, EXPRESS TOWERS, NARIMAN POINT MUMBAI- MAHARASHTRA REP. BY ITS MANAGER, PIN - 400021 2 STATION HOUSE OFFICER CITY POLICE STATION VALSAD, GUJARAT, PIN - 396001 3 NATIONAL CYBER CRIME REPORTING PORTAL (MHA PORTAL), NATIONAL HIGHWAY -8 MAHIPALPUR, NEW DELHI REP BY ITS DIRECTOR, PIN - 110037 BY ADV MANU S. DSG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 10 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 31354 OF 2023 PETITIONER: TINU SIBY ROY AGED 35 YEARS W/O NIYAS, D/O ROY GEORGE, PERMANENTLY RESIDING AT KAVICHERIL HOUSE, AVOLY P.O., MUVATTUPUZHA, PIN - 688670 BY ADVS. K.V.SABU NIKHIL K SABU MINU SIBY ROY RESPONDENTS: 1 MANAGER PORUR SERVICE CO-OPERATIVE BANK LTD NO.M.357, CHERUKODE, MALAPPURAM, PIN - 679328 2 BRANCH MANAGER SOUTH INDIAN BANK LTD, P.B. NO.3, ERAVIPEROOR JUNCTION, ERAVIPEROOR P.O., PATHANAMTHITTA, PIN - 689542 3 GENERAL MANAGER SOUTH INDIAN BANK LTD, HEAD OFFICE, THRISSUR, PIN - 680001 4 MANAGER ICICI BANK LTD, NILAMBUR BRANCH MALAPPURAM, PIN - 679329 5 SUB INSPECTOR OF POLICE CYBER CRIME POLICE STATION, BUNGALOW NO.15, NEAR IPS MESS, DAFNALA, SHAHIBAUG, AHMEDABAD, GUJARAT, PIN - 380004 6 STATE POLICE CHIEF AHMEDABAD, GUJARAT, PIN - 380004 WP(C) NO.12960 OF 2023 & conn.cases 11 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 12 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 18838 OF 2023 PETITIONER: M/S PEEDIAKKAL AGENCIES, AGED 45 YEARS A PROPRIETARY CONCERN HAVING OFFICE AT VATTOLY TOWERS, DOOR.NO. 65/4155 4A, SRM ROAD, KOCHI- REPRESENTED BY ITS PROPRIETOR FASAL RAHMAN,AGED 45 YEARS, S/O MUHAMMADALI., PIN - 682018 BY ADVS. M.A.MOHAMMED SIRAJ S.SREEKUMAR (SR.) RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY HOME SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.-, PIN - 695001 2 THE STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, HYDERABAD CITY , TELANGANA,, PIN - 500001 3 THE BRANCH MANAGER, UNION BANK OF INDIA, MARINE DRIVE BRANCH, ERNAKULAM -, PIN - 682031 BY ADVS. ADVOCATE GENERAL OFFICE KERALA DIRECTOR GENERAL OF PROSECUTION(AG-10) P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR() THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 13 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 18459 OF 2023 PETITIONER: M/S PEEDIAKKAL AGENCIES, AGED 45 YEARS A PROPRIETARY CONCERN HAVING OFFICE AT VATTOLY TOWERS, DOOR.NO. 65/4155 4A, SRM ROAD, KOCHI- REPRESENTED BY ITS PROPRIETOR FASAL RAHMAN,AGED 45 YEARS, S/O MUHAMMADALI., PIN - 682018 BY ADVS. M.A.MOHAMMED SIRAJ S.SREEKUMAR (SR.) RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY HOME SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.-, PIN - 695001 2 CYBER CRIME POLICE STATION, DEPUTY COMMISSIONER OF POLICE ,RACHAKONDA POLICE COMMISSIONERATE,LB NAGAR, HYDERABAD-, PIN - 500074 3 THE BRANCH MANAGER, STATE BANK OF INDIA, PANAMPILLY NAGAR BRANCH, SBT AVENUE PANAMPILLY NAGAR P.O ERNAKULAM -, PIN - 682036 BY ADVS. V.JOHN MANI GILBERT GEORGE CORREYA VARGHESE SABU(K/778/2019) SETHULAKSHMI K.K.(K/623/2017) MANJU ELSA ISAC(K/001668/2018) SHAMEENA K.Y.(K/959/2023) JIBIN P.GEORGE(K/001273/2022) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 14 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 17354 OF 2023 PETITIONER: M/S PEEDIAKKAL AGENCIES, A PROPRIETARY CONCERN HAVING OFFICE AT VATTOLY TOWERS, DOOR.NO. 65/4155 4A, SRM ROAD, KOCHI- REPRESENTED BY ITS PROPRIETOR FASAL RAHMAN,AGED 45 YEARS, S/O MUHAMMADALI., PIN - 682018 BY ADVS. M.A.MOHAMMED SIRAJ S.SREEKUMAR (SR.) RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY HOME SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.-, PIN - 695001 2 THE SUB INSPECTOR OF POLICE, MANDYA RURAL POLICE STATION, MANDYA DISTRICT KARNATAKA-, PIN - 571401 3 CYBER CRIME POLICE STATION, RAJKOT CITY, GUJARAT-, PIN - 360001 4 BRANCH MANAGER, ICICI BANK, KALOOR BRANCH KALOOR -, PIN - 682017 5 BRANCH MANAGER, ICICI BANK, MANGALAPURAM BRANCH KARNATAKA -, PIN - 575002 6 BRANCH MANAGER, ICICI BANK,EDAPPALLY BRANCH EDAPALLY-, PIN - 682024 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 15 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 16169 OF 2023 PETITIONER: M/S PEEDIAKKAL AGENCIES, AGED 45 YEARS A PROPRIETARY CONCERN HAVING OFFICE AT VATTOLY TOWERS, DOOR.NO. 65/4155 4A, SRM ROAD, KOCHI- REPRESENTED BY ITS PROPRIETOR FASAL RAHMAN,AGED 45 YEARS, S/O MUHAMMADALI., PIN - 682018 BY ADV M.A.MOHAMMED SIRAJ RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY HOME SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.-, PIN - 695001 2 THE SUB INSPECTOR OF POLICE, MANDYA RURAL POLICE STATION, MANDYA DISTRICT KARNATAKA, PIN - 571401 3 STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, PANIPAT (HR), INDIA HARYANA, PIN - 132103 4 BRANCH MANAGER, FEDERAL BANK , ERNAKULAM/KALOOR BRANCH KALOOR - KADAVNTHRA ROAD, PIN - 682017 5 THEJASWI KH HUCHE GOWDA BANNUR ROAD DAR MANDYA NEAR RURAL POLICE STATION MANDYA DISTRICT KARNATAKA, PIN - 571401 BY ADVS. Mohan Jacob George P.V.PARVATHY (P-41)(K/000036/1991) REENA THOMAS(R-364) NIGI GEORGE(K/1169/2012) WP(C) NO.12960 OF 2023 & conn.cases 16 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 17 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 14932 OF 2023 PETITIONER: M/S PEEDIAKKAL AGENCIES, AGED 45 YEARS A PROPRIETARY CONCERN HAVING OFFICE AT VATTOLY TOWERS, DOOR.NO. 65/4155 4A, SRM ROAD, KOCHI- REPRESENTED BY ITS PROPRIETOR FASAL RAHMAN S/O MUHAMMADALI., PIN - 682018 BY ADV M.A.MOHAMMED SIRAJ RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY HOME SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.-, PIN - 695001 2 THE POLICE INSPECTOR, GANDHIDHAMA DIV KACHCHH EAST( GANDHIDHAM), GUJARAT-, PIN - 370201 3 THE BRANCH MANAGER, KOTAK MAHINDRA BANK, ALUVA BRANCH-ERNAKULAM, PIN - 683101 BY ADVS. R.S.KALKURA M.S.KALESH(K-275) HARISH GOPINATH(K/232/1999) SILPA S.(K/951/2017) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 18 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 29455 OF 2023 PETITIONER: PRAVEEN NANGALERY AGED 39 YEARS S/O KANARI M, NIRMALAM PUTHANPARAMBATH HOUSE, PATHIRIYAD, SANKARANELLUR P.O., KUTHUPARAMBA VAZHI, KANNUR, PIN - 670643 BY ADVS. ANAND KALYANAKRISHNAN C.DHEERAJ RAJAN RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110001 2 NATIONAL CYBER CRIME REPORTING PORTAL REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY - 8, MAHIPALPUR, NEW DELHI, PIN - 110037 3 STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014 4 INSPECTOR OF POLICE GHATLODIA POLICE STATION, 3G4V+X9M, NEAR PETROL PUMP, PARAS NAGAR, MEMNAGAR, AHMEDABAD, GUJARAT, PIN - 380061 5 STATION HOUSE OFFICER CYBER POLICE STATION, ROHINI, SECTOR 17, ROHINI, NEW DELHI, PIN - 110089 6 STATE BANK OF INDIA KUTHUPARAMBA BRANCH, RHQ9+CCV, THOKKILANGADI, THALASSERY - COORG HIGHWAY, KUTHUPARAMBA, KANNUR - 670 643 REPRESENTED BY ITS MANAGER, WP(C) NO.12960 OF 2023 & conn.cases 19 PIN - 670643 BY ADVS. Girish Kumar V GILBERT GEORGE CORREYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 20 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 30226 OF 2023 PETITIONER: VIMAL KRISHNAN K AGED 37 YEARS S/O.VISWANATHAN NAIR, AISWARYA HOUSE, SYAMKANDAM, PULIKKAL PO9ST, MALAPPURAM DISTRICT, KERALA, PIN - 673637 BY ADV SAJI SANKARAN NAIR RESPONDENTS: 1 ICICI BANK LTD VYTILA BRANCH, REPRESENTED BY ITS BRANCH MANAGER, PAREKKATTIL TOWERS,OPPOSITE WELCARE HOSPITAL, S.A.ROAD, VYTTILA KOCHI., PIN - 682019 2 ZONAL MANAGER ICICI BANK LTD 2ND FLOOR, ARANGATH PULLEPADY, NEAR PADMA JUNCTION, KOCHI, PIN - 682035 3 THE RESERVE BANK OF INDIA REGIONAL MANAGER, X7RQ+VHG, BANARJI ROAD KALOOR, KOCHI, PIN - 682018 4 RAHUL RAJ AGED 35 YEARS S/O. RAJASEKAHARAN, RAJEEVAM, KALIKAVU POST, NEAR BHAGAVATHY TEMPLE, MALAPPURAM DISTRICT., PIN - 676525 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 21 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 30433 OF 2023 PETITIONER: RAHEEM. P AGED 42 YEARS S/O. AHAMMED, PANAMBULAKKAL HOUSE, AMBARA, KOTTAKKAL, MALAPPURAM DISTRICT., PIN - 676503 BY ADVS. R.RANJITH (MANJERI) A.P.NIDHIN KUMAR RESPONDENTS: 1 THE FEDERAL BANK LTD KOTTAKKAL BRANCH, VEE PEE TOWERS, MAIN ROAD, KOTTAKKAL, MALAPPURAM DISTRICT, REPRESENTED BY ITS BRANCH MANAGER (BRANCH HEAD)., PIN - 676503 2 THE CYBER CELL NOIDA, UTTAR PRADESH POLICE, OFFICE OF THE DEPUTY COMMISSIONER OF POLICE., PIN - 201301 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 22 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 25TH DAY OF SEPTEMBER 2023 / 3RD ASWINA, 1945 WP(C) NO. 28797 OF 2023 PETITIONER: M/S. DEENAR ENTERPRISES AGED 51 YEARS KMC, 1 THALANGARA, XVII/132C/THALANGARA P.O, KASARAGOD REPRESENTED BY ITS SOLE PROPRIETOR, USMAN.M, AGED 51 YEARS, S/O MAHAMOOD, KAZHILANE, THALANGARA, KASARAGOD, PIN - 671121 BY ADVS. S.K.ADHITHYAN ALTHAF NABEEL ASHIQ MUHAMMAD S. RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110001 2 RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR, HEAD OFFICE, MUMBAI, MAHARASHTRA, PIN - 400029 3 NATIONAL CYBER CRIME REPORTING PORTAL, REPRESENTED BY ITS DIRECTOR, NATIONAL HIGHWAY - 8, MAHIPALPUR, NEW DELHI, PIN - 110037 4 STATE POLICE CHIEF, STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014 5 DIRECTOR GENERAL OF POLICE, LAKDIKAPUL RD, OPPOSITE RAVINDRA BHARATHI, RED HILLS, LAKDIKAPUL, HYDERABAD, TELANGANA, PIN - 500004 6 THE STATION HOUSE OFFICER MUNUGODE POLICE STATION TELANGANA, PIN - 508244 7 THE STATION HOUSE OFFICER, TALLAGURJALA POLICE STATION DELLAMPALLI, WP(C) NO.12960 OF 2023 & conn.cases 23 ADILABAD DISTRICT, TELENGANA, PIN - 504251 8 DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, 9TH FLOOR, TOWER 2, GOMTINAGAR EXT. SHAHID PATH, LUCKNOW, PIN - 226002 9 STATION HOUSE OFFICER, CYBER CRIME CELL, OFFICE OF THE DEPUTY COMMISSIONER OF POLICE, SECTOR-6, NOIDA, GAUTHAMBUDDHA NAGAR DISTRICT, UTTAR PRADESH, PIN - 201301 10 DIRECTOR GENERAL OF POLICE, FIRST FLOOR, POLICE BHAVAN, SECTOR 18, GANDHINAGAR, GUJARAT, PIN - 382021 11 STATION HOUSE OFFICER, OFFICE OF THE VEJALPUR POLICE STATION , VEJALPUR, GUJARATH, PIN - 380009 12 STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, VADODARA CITY, 3RD FLOOR, ABOVE PANIGATE POLICE STATION, OPP. WATER TANK, PANIGATE., VADODARA, PIN - 390006 13 ICICI BANK OF INDIA, REPRESENTED BY ITS MANAGER, CITY CENTRE BRANCH, BANK ROAD, KASARAGOD DISTRICT, PIN - 671121 BY ADV MANU S. DSG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.09.2023, ALONG WITH WP(C).12960/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12960 OF 2023 & conn.cases 24 'C.R' JUDGMENT [WP(C) Nos.12960/2023, 29319/2023, 30475/2023, 30895/2023, 31060/2023, 29455/2023, 14932/2023, 16169/2023, 17354/2023, 18459/2023, 18838/2023, 28908/2023,31354/2023,30226/2023,30433/2023 & 28797/2023] The 'Unified Payment Interface (UPI), has transformed the financial spectrum in India; and in particular, the manner in which people transact money. Its easy-to-use interface and ingrained security features, has made “UPI” the preferred mode of payment for millions of Indians, making it the fastest growing payments systems in the world. 2. However, like in many good initiatives, there are chinks in the armour – in a manner of speaking; Charlatans commit Cyber Crimes and create byzantine maze of accounts, through which ill-gotten wealth is moved and parked. 3. The National Cyber Crimes Portal (NCCP) has been set up by the Ministry of Home Affairs, under the aegis of the Indian Cyber Crime Co-ordination Centre, to enable any person - who becomes a victim of Cyber Crime, to register on the said portal; which then triggers an appropriate response and criminal investigation. WP(C) NO.12960 OF 2023 & conn.cases 25 4. Unfortunately, a situation as afore has thrown the petitioners in these cases in the cross hairs of the Police and their Banks, because it appears to be alleged that some one, who had indulged in a cyber financial crime in another part of India, had transferred money to their account; consequent to which, the competent Investigating and Police Authorities issued advisory to their Banks to freeze their accounts. 5. The petitioners assert that they have literally caught between the “Devil and the Deep Sea” because, for one, they do not know why their accounts have been frozen; and for the second, they are now facing incalculable loss in their business and unspeakable prejudice, with their accounts being rendered unavailable to them to operate, all because some unknown person, sitting in a far off and remote place in India or even abroad, is alleged to have made “UPI” transactions in their accounts as part of small trading or payment against services bonafide rendered, including in restaurants and retail shops. 6. The petitioners assert that, on account of the orders of freezing of their accounts in this fashion, the trust of the business community in the 'UPI' system has been severely WP(C) NO.12960 OF 2023 & conn.cases 26 shaken; and therefore, pray that this Court come to their aid, issuing appropriate orders and safeguards. 7. In response, Sri.Dayasindhu Sreehari – learned Central Government Counsel, affirmed that the Ministry of Home Affairs had initiated and set up the 'NCCP' with the laudable intent to protect and offer succour to victims of Cyber Crimes; and explained that when complaints are registered on it, it immediately generates an appropriate response from the jurisdictional investigating and Police Authorities. He predicated that the orders impugned in these cases – issued by various Police Authorities in other States in India – are necessary and imperative steps initiated by such Agencies to track the sums involved in Cyber Crimes, routed by the accused through different accounts. He argued that, therefore, the Ministry of Home Affairs do not have any further role to play in this matter; and that this for the Police Authorities concerned to inform this Court whether the investigations are still continuing and if the orders freezing the accounts of the petitioners, require to be maintained. 8. On hearing Sri.Dayasindhu Sreehari as afore, I pointedly asked him why the account of an individual should be frozen fully, even when the requisition for the same - made WP(C) NO.12960 OF 2023 & conn.cases 27 by the Police Authorities concerned – refer to the alleged proceeds of crime involved. He submitted that he has no instruction in this regard, because such orders are issued by the Police Authorities; and thus left it to this Court to take appropriate decision. 9. The afore so recorded, I am fully cognizant that this is not the stage for this Court to intervene in the manner, as has been pleaded by the petitioners because, the investigation into the various Cyber Crimes - which are the genesis of the orders impugned in these cases - are still underway. However, the petitioners, who, prima facie, are all ordinary law abiding citizens, have little capacity to track or follow the cases, which has lead them to the present situation; or even to obtain its present status because, the requisitions to the Various Banks have been made by the Police Stations in other States – some very far off. They assert that their entire accounts are frozen, thus incapacitating their businesses and affecting their daily lives, solely because a person or persons – with whom they had no previous acquaintance - happened to transfer money from his/their account to theirs, using the 'UPI' platform, as part of bona fide business transaction – often against payment of WP(C) NO.12960 OF 2023 & conn.cases 28 small bills qua retail sale, restaurant food sale etc. They assert that most of them are retailers and small businessmen, who trusted the 'UPI' regime of fiscal transactions for its convenience and safety; but has now been rudely shaken. 10. I am, therefore, of the firm view that, certain specific safeguards will have to be now infused into process, lest the people loose their faith in the 'UPI' system itself, especially when it is spear headed and recognised internationally as a vanguard initiative of India. 11. In the afore perspective, when the requisitions in these cases – by various Police Authorities in several States of India – mention the exact amount suspected to have been credited to the accounts of the petitioners herein, one fails to fathom why their bank accounts in full, should remain frozen. This is more so because, even when the sums in question may have found credit in the accounts of the petitioners, unless the investigation eventually reveals that they were complicit in the Cyber Crime, or had received the same being aware of it, they could never be construed to be accused. 12. In fact, should the criminal enquiry found otherwise, it will be doubtful if the amounts in question could be even recovered from the petitioners, if they have received WP(C) NO.12960 OF 2023 & conn.cases 29 it as part of bonafide or other valid transactions, unaware of it being proceeds of crime. In the conspectus of the above, I order these Writ Petitions with the following directions: a. The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective petitioners, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioners to deal with their accounts, and transact therein, beyond that limit. b. The respondent – Police Authorities concerned are hereby directed to inform the respective Banks as to whether freezing of accounts of the petitioners in these Writ Petitions 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 Banks receiving the afore information/intimation from the Police Authorities, they will adhere with it and complete necessary action – either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be. WP(C) NO.12960 OF 2023 & conn.cases 30 d. If, however, no information or intimation is received by their Banks in terms of directions (b) above, the petitioners or such among them, will be at full liberty to approach this Court again; for which purpose, all their contentions in these Writ Petitions are left open and reserved to them, to impel in future. Sd/-DEVAN RAMACHANDRAN, JUDGE lsn WP(C) NO.12960 OF 2023 & conn.cases 31 APPENDIX OF WP(C) 12960/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 25.01.2023 Exhibit P2 A TRUE COPY OF THE REPLY NOTICE DATED NIL IS PRODUCED Exhibit P3 A TRUE COPY OF THE MAIL COMMUNICATION SENT BY THE PETITIONER TO THE FIRST RESPONDENT DATED 09.04.2023 RESPONDENT ANNEXURES Annexure R2(a) Copy of notice issued to the Bank through email by ASI Cyber Crime West Police station WP(C) NO.12960 OF 2023 & conn.cases 32 APPENDIX OF WP(C) 29319/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITIONER'S BANK ACCOUNT STATEMENT FOR THE PERIOD FROM JUNE 1, 2023, TO JUNE 26, 2023, FROM THE 1ST RESPONDENT BANK Exhibit P2 TRUE COPY OF THE COMMUNICATION DATED NIL BY THE FIRST RESPONDENT Exhibit P3 A TRUE COPY OF THE EMAIL DATED 14.06.2023 RECEIVED FROM THE 1ST RESPONDENT BANK Exhibit P4 TRUE COPY OF THE CFCFRMS GENERATED REPORT RELATED TO THE COMMUNICATION Exhibit P5 A TRUE COPY OF THE COMMUNICATION DATED 03.07.2023 TRANSMITTED BY THE FIRST RESPONDENT Exhibit P6 TRUE COPY OF THE BINANCE TRANSACTION ORDER COMPLETION STATEMENT Exhibit P7 TRUE COPY OF INCOME TAX RETURN ACKNOWLEDGMENT WP(C) NO.12960 OF 2023 & conn.cases 33 APPENDIX OF WP(C) 30475/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PRINT OUT OF THE INSTRUCTION GIVEN BY THE 4TH RESPONDENT Exhibit P2 A TRUE COPY OF THE PRINT OUT OF THE INSTRUCTION GIVEN BY THE 5TH RESPONDENT Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY THE 6TH RESPONDENT UNDER SECTION 91 AND 102 CR.P.C. Exhibit P4 A TRUE COPY OF THE PRINT OUT OF THE INSTRUCTION GIVEN BY THE 7TH RESPONDENT WP(C) NO.12960 OF 2023 & conn.cases 34 APPENDIX OF WP(C) 30895/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE AADHAR CARD OF THE PETITIONER BEARING NO.473953047663 Exhibit P2 THE TRUE COPY OF THE PAN CARD OF THE PETITIONER BEARING NO.FGIPM2113P Exhibit P3 TRUE COPY OF THE ACCOUNT STATEMENT PERTAINING TO THE BANK ACCOUNT BEARING NO.10590100290608 Exhibit P4 THE TRUE COPY OF THE E-MAIL DATED 28- 08-2023 SENT BY THE PETITIONER TO THE RESPONDENT Exhibit P5 THE TRUE COPY OF THE REPLY DATED 30- 08-2023 ISSUED BY THE RESPONDENT VIA E-MAIL WP(C) NO.12960 OF 2023 & conn.cases 35 APPENDIX OF WP(C) 28908/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMMUNICATION DATED 2/8/2023 ISSUED BY THE 1ST RESPONDENT Exhibit P2 A TRUE COPY OF THE REPLY DATED 4/08/2023 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE REQUEST DATED 9.08.2023 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P4 A TRUE COPY OF THE REPLY DATED 12/08/2023 ISSUED BY THE 1ST RESPONDENT WP(C) NO.12960 OF 2023 & conn.cases 36 APPENDIX OF WP(C) 31060/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE INTIMATION RECEIVED BY THE 1ST PETITIONER FROM THE 4TH RESPONDENT AS REGARDS THE FREEZING OF HIS ACCOUNT DATED 23-6-2023 Exhibit P2 TRUE COPY OF THE INTIMATION RECEIVED BY THE 4TH PETITIONER FROM THE 7TH RESPONDENT AS REGARDS THE FREEZING OF HIS ACCOUNT DATED 2-6-2023 Exhibit P3 TRUE COPY OF THE INTIMATION RECEIVED BY THE 5TH PETITIONER FROM THE 7TH RESPONDENT AS REGARDS THE FREEZING OF HIS ACCOUNT DATED 2-6-2023 Exhibit P4 TRUE COPY OF THE INTIMATION RECEIVED BY THE 8TH PETITIONER FROM THE 10TH RESPONDENT AS REGARDS THE FREEZING OF HIS ACCOUNT DATED 28-07-2023 Exhibit P5 TRUE COPY OF THE INTIMATION RECEIVED BY THE 11TH PETITIONER FROM THE 12TH RESPONDENT AS REGARDS THE FREEZING OF HIS ACCOUNT DATED 30-6-2023 WP(C) NO.12960 OF 2023 & conn.cases 37 APPENDIX OF WP(C) 16169/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PASSBOOK OF THE PETITIONER Exhibit P2 TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER DATED 18.04.202 Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 19.04.2023 Exhibit P4 TRUE COPY OF NOTICES DATED 15.05.2023 FEDERAL BANK REGARDING COMPLAINT BY [e-mail] Exhibit P5 TRUE COPY OF NOTICES DATED 15.05.2023 FEDERAL BANK REGARDING COMPLAINT BY [e-mail] Exhibit P6 TRUE COPY OF NOTICE DATED 15-05-2023 ISSUED BY RESPONDENT NO. 3 TO RESPONDENT NO.4 Exhibit P7 TRUE COPY OF STATEMENT OF ACCOUNT DATED 15.05.2023 ISSUED ON 16.05.2023 WP(C) NO.12960 OF 2023 & conn.cases 38 APPENDIX OF WP(C) 31354/2023 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE PAN CARD BEARING NO.FTGPS8541J OF THE PETITIONER Exhibit P2 COPY OF THE ADHAR CARD OF THE PETITIONER BEARING NO.389645336496 Exhibit P3 A COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER'S FATHER IN LAW MAINTAINED IN PORUR SERVICE CO-OP BANK LTD FROM 1.4.2023 TO 31.7.2023 Exhibit P4 A COPY OF THE STATEMENT OF ACCOUNT OF THE PETITIONER MAINTAINED IN SOUTH INDIAN BANK LTD, ERAVIPEROOR, PATHANAMTHITTA FROM 17.7.2023 TO 16.8.2023 Exhibit P5 COPY OF THE DETAILS OF TRANSACTION MADE BY THE PETITIONER FROM 31.7.2023 TO 1.8.2023 MAINTAINED FROM SOUTH INDIAN BANK LTD, ERAVIPEROOR BRANCH Exhibit P6 A COPY OF THE NOTICE DT.1.8.2023 ISSUED FROM THE 5TH RESPONDENT TO THE 4TH RESPONDENT WP(C) NO.12960 OF 2023 & conn.cases 39 APPENDIX OF WP(C) 18459/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT SHOWCASING THE NATURE OF THE PETITIONER'S BUSINESS. Exhibit P2 TRUE COPY OF THE AUTHORIZATION LETTER DATED 08-05-2022 ISSUED BY PAYTM PAYMENT BANK LIMITED IN FAVOUR OF THE PETITIONER. Exhibit P3 TRUE COPY OF LETTER ISSUED BY THE AUTHORIZED SIGNATORY OF INFIBEAM AVENUES LIMITED DATED 20-05-2022 Exhibit P4 TRUE COPY OF LETTER ISSUED BY IRCTC DATED 06-05-2022 STATES THE EXTENSION OF ANNUAL SERVICE CONTRACT OF THE PETITIONER'S FROM 11 -05-2022 TO 10-05 2023 Exhibit P5 TRUE COPY OF THE ACCOUNT DETAILS OF THE PETITIONER WITH SBI Exhibit P6 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 20-05-2023 ISSUED BY THE MANAGER, SBI BANK, PANAMPILLY NAGAR BRANCH ( RESPONDENT NO 3) TO THE PETITIONER. Exhibit P7 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 22-05-2023 ISSUED BY THE PETITIONER TO MANAGER, SBI BANK( RESPONDENT NO 3) REQUESTING TO FURNISH THE ALLEGED FREEZING ORDER. Exhibit P8 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 20-04-2023 IN WP(C) NO.14315 OF 2023. Exhibit P9 THE TRUE COPY OF THE ORDER IN WP(C) NO.14932 DATED 16-05-2023. Exhibit P10 TRUE COPY OF THE ORDER IN WP(C) 17354 OF 2023 DATED 30-05-2023. WP(C) NO.12960 OF 2023 & conn.cases 40 APPENDIX OF WP(C) 18838/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF DOCUMENT SHOWCASING THE NATURE OF THE PETITIONER'S BUSINESS. Exhibit P2 TRUE COPY OF THE AUTHORIZATION LETTER DATED 08-05-2022 ISSUED BY PAYTM PAYMENT BANK LIMITED IN FAVOUR OF THE PETITIONER. Exhibit P3 TRUE COPY OF LETTER ISSUED BY THE AUTHORIZED SIGNATORY OF INFIBEAM AVENUES LIMITED DATED 20-05-2022 Exhibit P4 TRUE COPY OF LETTER ISSUED BY IRCTC DATED 06-05-2022 STATES THE EXTENSION OF ANNUAL SERVICE CONTRACT OF THE PETITIONER'S FROM 11 -05-2022 TO 10-05 2023 Exhibit P5 TRUE COPY OF THE ACCOUNT DETAILS OF THE PETITIONER WITH UNION BANK Exhibit P6 TRUE COPY OF THE E-MAIL COMMUNICATION SENT BY THE PETITIONER TO RESPONDENT NO.3 MANAGER UNION BANK OF INDIA. Exhibit P7 TRUE COPY OF THE HANDWRITTEN COMPLAINT FORWARDED BY RESPONDENT NO.3 TO THE PETITIONER. Exhibit P7(a) TRUE COPY OF THE TYPED COPY OF EXHIBIT P7 COMPLAINANT Exhibit P8 TRUE COPY OF THE E-MAIL DATED 03-07- 2023 ISSUED TO THE MANAGER UNION BANK OF INDIA ,MARINE DRIVE BRANCH Exhibit P9 TRUE COPY OF THE E-MAIL DATED 03-07- 2023 ISSUED BY THE 3RD RESPONDENT BANK TO THE PETITIONER WP(C) NO.12960 OF 2023 & conn.cases 41 APPENDIX OF WP(C) 17354/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE A LARGE NUMBER OF TRANSACTIONS DETAILS IN OUR BUSINESS Exhibit P2 TRUE COPY OF THE AUTHORIZED SIGNATORY OF PAYTM PAYMENTS BANK LIMITED ISSUED A LETTER TO THE PETITIONER DATED 08- 05-2022 Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE AUTHORIZED SIGNATORY OF INFIBEAM AVENUES LIMITED DATED 20-05-2022 Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY IRCTC DATED 06-05-2022 STATES THE EXTENSION OF ANNUAL SERVICE CONTRACT OF THE PETITIONER'S FROM 11 -05-2022 TO 10-05 2023 Exhibit P5 TRUE COPY OF THE ACCOUNT DETAILS OF THE PETITIONER SHOWING THE OUTSTANDING BALANCE OF RS.98,34,206.04/- Exhibit P6 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 29-04-2023 Exhibit P7 TRUE COPIES OF THE ABOVE E-MAIL COMMUNICATIONS DATED 06-05-2023 Exhibit P8 TRUE COPIES OF THE ABOVE E-MAIL COMMUNICATIONS DATED 08-05-2023 Exhibit P9 TRUE COPIES OF THE ABOVE E-MAIL COMMUNICATIONS DATED 16-05-2023 Exhibit P10 TRUE COPIES OF THE EMAIL COMMUNICATIONS DATED 22-05-2023 Exhibit P11 TRUE COPY OF EMAIL DATED 22-5-2023 Exhibit P12 TRUE COPY OF THE EMAIL INFORMING THE PETITIONER ABOUT THE RECEIPT OF A NOTICE FROM RESPONDENT NO. 3 AND THE SEIZURE OF THE PETITIONER'S ACCOUNT (EXHIBIT P5) FOR INVESTIGATION PURPOSES RELATED TO FRAUDULENT ACCOUNTS DATED 23-05-2023 Exhibit P13 TRUE COPY OF THE ACCOUNT DETAILS OF WP(C) NO.12960 OF 2023 & conn.cases 42 THE PETITIONER SHOWING THE OUTSTANDING BALANCE OF RS.1,12,84,596.46/- Exhibit P14 TRUE COPY OF THE EMAIL COMMUNICATION DATED 22-05-2023 Exhibit P15 TRUE COPY OF THE REPLY MAIL DATED 23- 05-2023 STATING THE DEBIT FREEZE WAS BASED ON A POLICE NOTICE REGARDING SOME FRAUDULENT TRANSACTIONS AND FURTHER FORWARDED A NOTICE UNDERSIGNED BY POLICE HEAD CONSTABLE CYBER CRIME POLICE STATION, Exhibit P16 TRUE COPY OF THE PETITIONER'S ACCOUNT WITH RESPONDENT NO.5 BEARING AN OUTSTANDING BALANCE OF RS. 1,85,000.0 CR Exhibit P17 TRUE COPY OF THE THE QUERY MAIL SENT BY THE PETITIONER TO RESPONDENT NO.5 ON 22-05-2023 REQUESTING TO FURNISH THE COPY OF FREEZING ORDER WP(C) NO.12960 OF 2023 & conn.cases 43 APPENDIX OF WP(C) 29455/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE BANK ACCOUNT STATEMENT OF THE PETITIONER Exhibit P2 THE TRUE COPY OF THE INTIMATION/ NOTICE RECEIVED BY THE PETITIONER FROM 6TH RESPONDENT EVIDENCING THE FACTUM OF INTIMATION RECEIVED FROM CYBER POLICE PORTAL ATTACHED TO THE 5TH RESPONDENT WP(C) NO.12960 OF 2023 & conn.cases 44 APPENDIX OF WP(C) 30226/2023 PETITIONER EXHIBITS Exhibit p1 TRUE COPY OF THE PARTNERSHIP AGREEMENT DATED 21/11/2019 BETWEEN THE PETITIONER AND THE 4TH RESPONDENT Exhibit P2 COPY OF THE RECEIPT ISSUED BY THE 4TH RESPONSDENT EVIDENCING FOR ACCEPTING THE CHEQUE AND HIS WILLINGNESS TO WITHDRAW FROM THE PATNERSHIP DATED 17/03/2023 Exhibit P3 COPY OF THE LETTER SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT DATED 04/04/2023. Exhibit P4 COPY OF THE LETTER DATED 14/07/2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WP(C) NO.12960 OF 2023 & conn.cases 45 APPENDIX OF WP(C) 14932/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ACCOUNT STATEMENT FOR THE PERIOD 1.04.2023 TO 15.04.23 ISSUED BY THE RESPONDENT NO.3 IN FAVOUR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 13- 04-2023 Exhibit P3 TRUE COPY OF THE LETTER DATED 25-04- 2023 ISSUED BY 3RD RESPONDENT TO THE PETITIONER RESPONDENT EXHIBITS Exhibit R3(a) True copy of email dated 15.04.2023 issued by the 2nd respondent to 3rd respondent WP(C) NO.12960 OF 2023 & conn.cases 46 APPENDIX OF WP(C) 30433/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE PASSBOOK OF THE PETITIONER'S BANK ACCOUNT WITH THE 1ST RESPONDENT BANK Exhibit P2 TRUE COPY OF THE COMMUNICATION ISSUED FROM THE 1ST RESPONDENT TO THE PETITIONER, DATED 9-6-2023 WP(C) NO.12960 OF 2023 & conn.cases 47 APPENDIX OF WP(C) 28797/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 13TH RESPONDENT DATED 22/8/2023 SHOWING DETAILS OF DEBIT FREEZE ON ACCOUNTS Exhibit P2 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 05-06-2023 IN W.P(C) NO.18199/2023 RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE LSN "