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2025 DAILYLAW 3336 (KER)

FAYIS U.K. v. THE GRIEVANCE OFFICER

WP(C)/4104/2025 · 2025-04-01

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:28082 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 4104 OF 2025 PETITIONER: FAYIS U.K. AGED 29 YEARS S/O. MUHAMMED U.K., RESIDING AT ULIYADAN KUNNUMMAL, VENCHERI, KANNOTH P.O., KODENCHERI, KOZHIKODE, KERALA,, PIN - 673580 BY ADVS. HAMZATH ALI V.K. AYISHA AFRIN A.V.K. MUHAMMAD SHAMEEL K. ABDULLA FUHAD K. AYISHA THASLEEMA N.P. RESPONDENTS: 1 THE GRIEVANCE OFFICER NATIONAL CYBER CRIME REPORTING PORTAL - NCCRP, KERALA REGION, REPRESENTED BY ADDITIONAL DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010 2 UNION OF INDIA MINISTRY OF HOME AFFAIRS NORTH BLOCK, NEW DELHI, REPRESENTED BY ITS HOME SECRETARY, PIN - 110001 3 THE FEDERAL BANK THAMARASSERY BRANCH, GROUND FLOOR, MAHARANI SHOPPING COMPLEX, WAYANAD ROAD, OPPOSITE PETROLEUM PUMP, THAMARASSERY, KOZHIKODE, KERALA REPRESENTED BY ITS MANAGER, PIN - 673573 4 CYBER CRIME POLICE STATION THRISSUR THRISSUR RURAL, DISTRICT POLICE OFFICE COMPOUND AT KATTUNGACHIRA, IRINJALAKUDA, THRISSUR, KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, PIN - 680125 WP(C) No.4104 of 2025 2 2025:KER:28082 DSGI .GP SRI B S SYAMANTHAK SC SRI MOHAN JACOB GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.4104 of 2025 3 2025:KER:28082 JUDGMENT Dated this the 1st day of April, 2025 The writ petition is filed to direct the 3rd respondent bank to lift the freezing of the petitioner’s bank account bearing No.14140100186996. 2. The petitioner is the holder of the above bank account with the 3rd respondent bank. The petitioner contends that the 3rd respondent bank has frozen the petitioner’s bank account pursuant to a requisition received from the 4th respondent. The action of the 3rd respondent is illegal and arbitrary. Hence, the writ petition. 3. Heard; the learned counsel appearing for the petitioner, the learned Government Pleader and the learned counsel appearing for the 3rd respondent. 4. The learned counsel appearing for the 3rd respondent bank submitted that, the petitioner's bank account has been debit freezed due to non submission of the Know Your Customer (for short ‘KYC) details. Similarly, the petitioner’s bank account has been debit freezed due to a requisition received from the 4th respondent. WP(C) No.4104 of 2025 4 2025:KER:28082 5. The learned Government Pleader submitted that, the 4th respondent has already registered Crime No.26/2024 and the matter has been reported to the jurisdictional Magistrate. In light of the above submission, it would be up to the petitioner to approach the bank and submit his KYC details to get the debit freezing lifted and also to approach the jurisdictional Magistrate and work out his remedies, in accordance with law for lifting the credit freezing. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE AJ WP(C) No.4104 of 2025 5 2025:KER:28082 APPENDIX OF WP(C) 4104/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE BANK STATEMENT OF THE PETITIONER’S SAVINGS ACCOUNT, HAVING ACCOUNT NO. 14140100186996 MAINTAINED IN THE FEDERAL BANK THAMARASSERY BRANCH. ISSUED BY THE 3RD RESPONDENT FOR THE PERIOD OF 08.10.2024 TO 07.11.2024, Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE COMPLAINT DETAIL ALLEGED BY THE 4TH RESPONDENT AS PER ACKNOWLEDGE NO. 21511240022930 DATED 02.12.2024