WP(C) No.9538 of 2025 1 2025:KER:29323 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 9538 OF 2025 PETITIONER: FLY FOREX PRIVATE LIMITED DOOR NO: 3/716, NEAR MINI CIVIL STATION, KODUVALLY P.O, THAMARASSERY, KOZHIKODE, REPRESENTED BY ITS MANAGING DIRECTOR- FAYAS K.C, SON OF. ABDU RAHIMAN, AGED :- 36 YEARS KAZHAKANCHALI(H), PADANILAM P.O, KUNNAMANGALAM, KOZHIKODE (DIST.),, PIN - 673572 BY ADVS. V.S.MANSOOR AKHIL BINOY AHAMMED MIZWAR V.P. RESPONDENTS: 1 THE BANK MANAGER, AXIS BANK LTD CALICUT BRANCH, MARINA HALL, YMCA CROSS ROAD, CALICUT (DIST.), PIN - 673001 2 STATION HOUSE OFFICER CYBER, ECONOMIC & NARCOTIC CRIME POLICE STATION, MYSORE RD, HALSURPETE, NAGARATHPETE, BENGALURU, KARNATAKA [ EMAIL:- CENPSCENTRALBCP@KSP.GOV.IN], PIN - 560002 3 STATION HOUSE OFFICER GHATKOPAR POLICE STATION, LAL BAHADUR SHASTRI MARG, CHIRAG NAGAR, GHATKOPAR WEST, MUMBAI, MAHARASHTRA [ EMAIL:- PS.GHATKOPAR.MUM@MAHAPOLICE.GOV.IN], PIN - 400086 WP(C) No.9538 of 2025 2 2025:KER:29323 BY ADVS. MADHU RADHAKRISHNAN NELSON JOSEPH(K/380/2007) M.D.JOSEPH(K/839/2008) DEEPAK ASHOK KUMAR(K/1624/2018) JESWIN JACOB(K/2882/2024) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.9538 of 2025 3 2025:KER:29323 JUDGMENT Dated this the 4th day of April, 2025 The writ petition is filed to direct the 1st respondent bank to lift the freezing of the petitioner’s bank account bearing No. 923020007101821. 2. The petitioner is the holder of the above bank account with the 1st respondent bank. The petitioner contends that the 1st respondent bank has frozen the petitioner’s bank account pursuant to the requisition received from the respondents 2 and 3. 3. By Ext.P7 judgment dated 12.12.2023, this Court had already directed the 1st respondent to lift the debit freezing of the petitioner's bank account, if the police fails to register the crime within eight months from the date of the judgment. Although the time period has lapsed, the matter has not been reported to the jurisdictional Court. Hence, the action of the 1st respondent in not effacing the lien and lifting the debit freezing of the petitioner's bank account is illegal and arbitrary. Hence, the writ petition. WP(C) No.9538 of 2025 4 2025:KER:29323 4. Heard; the learned counsel appearing for the petitioner, the learned counsel appearing for the 1st respondent and the learned Government Pleader appearing for the 3rd respondent. 5. The learned Government Pleader submitted that a crime has been registered by the 3rd respondent. 6. On a perusal of the materials on record, it is evident from Ext.P7 judgment dated 12.12.2023 that, this Court has specifically directed the respondents 2 and 3 to inform the bank as to whether the freezing of the petitioner's bank account will have to be continued even after the lapse of eight months from the date of receipt of the judgment. Even after the lapse of more than one year, nothing has been done in the said regard. Therefore, I am of the definite view that, the lien of the petitioner’s bank account has to be effaced and debit freezing of the petitioner’s bank account is to be lifted. In the aforesaid circumstances, I allow the writ petition by directing the 1st respondent bank to lift the WP(C) No.9538 of 2025 5 2025:KER:29323 freezing of the petitioner’s bank account and to efface the lien, if any marked, on the petitioner’s bank account. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE AJ WP(C) No.9538 of 2025 6 2025:KER:29323 APPENDIX OF WP(C) 9538/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE LICENSE ISSUED BY THE RESERVE BANK OF INDIA TO THE PETITIONER Exhibit P2 A TRUE PHOTOCOPY OF THE BANKING STATEMENT OF THE PETITIONER IN RESPECT OF ACCOUNT NO: '923020007101821' ISSUED BY 1ST RESPONDENT Exhibit P3 A TRUE PHOTOCOPY OF THE BILL DTD: 13/10/2023 GENERATED BY THE PETITIONER FOR THE SERVICE AVAILED BY CUSTOMER; ABDU RAHIMAN THEKKE KUDDINNIL Exhibit P4 A TRUE COMPUTER COPY OF E-MAIL DATED 16/10/2023 SENT BY THE 1ST RESPONDENT Exhibit P5 A TRUE COMPUTER COPY OF THE E-MAIL DTD: 30/11/2023, SENT BY 1ST RESPONDENT TO PETITIONER Exhibit P6 A TRUE COMPUTER COPY DTD:1/12/2023 OF THE RELEVANT PAGE OF THE COMMUNICATION SENT BY THE 1ST RESPONDENT WITH RESPECT TO THE ALLEGED DEFRAUDED AMOUNT Exhibit P7 A TRUE COPY OF THE RELEVANT PAGE OF THE JUDGEMENT DATED 12/12/2023 IN WP(C) 40875/2023