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2025 DAILYLAW 4352 (KER)

MUHAMMED DILSHAD O v. FEDERAL BANK REPRESENTED BY BANK MANAGER VADAKARA BRANCH

WP(C)/9605/2025 · 2025-04-08

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 9605 OF 2025 PETITIONER: MUHAMMED DILSHAD O AGED 24 YEARS SON OF. HAMEED, OLIPPIL, THIRUVALLUR, KOZHIKODE(DIST),, PIN - 673541 BY ADVS. V.S.MANSOOR AKHIL BINOY AHAMMED MIZWAR V.P. RESPONDENTS: 1 FEDERAL BANK REPRESENTED BY BANK MANAGER VADAKARA BRANCH PB NO 18, APPU'S COMPLEX NH BYPASS, NEAR NEW BUS STAND- PARK ROAD, VATAKARA, KERALA, PIN - 673101 2 UNION BANK OF INDIA REPRESENTED BY BANK MANAGER THIRUVALLUR BRANCH THIRUVALLUR, VADAKARA, KOZHIKODE, PIN - 673541 3 KOTAK MAHINDRA BANK REPRESENTED BY BANK MANAGER VADAKARA BRANCH WARD NO.21, P K C COMPLEX, 21/137A, GOVERNMENT HOSPITAL RD, NUT STREET, VATAKARA, KERALA, PIN - 673104 4 STATION HOUSE OFFICER, CID CRIME GANDHINAGAR UNIT SARVODAYNAGAR SOCIETY, SECTOR 30, GANDHINAGAR, GUJARAT, PIN - 382030 2025:KER:30353 WP(C) NO.9605 of 2025 2 5 STATION HOUSE OFFICER, SHAHPUR POLICE STATION, MAKUBHAI SHETH MARG, OLD CITY, SHAHPUR, AHMEDABAD, GUJARAT, PIN - 380001 6 STATION HOUSE OFFICER, CYBER POLICE STATION HARYANA DLF PHASE-5, SECTOR 43, GURUGRAM, HARYANA, PIN - 122002 OTHER PRESENT: STANDING COUNSEL- SRI A S P KURUP STANDING COUNSEL- SRI MOHAN JACOB GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30353 WP(C) NO.9605 of 2025 3 JUDGMENT Dated this the 8th day of April, 2025 The writ petition is filed to direct the respondents 1 to 3 banks to lift the debit freezing of the petitioner’s bank accounts bearing Nos. 10710100286253, 520101035197737 and 8213464596, respectively. 2. The petitioner is the holder of the above three bank accounts with the respondents 1 to 3 banks. The petitioner’s bank accounts have been debit frozen by the respondents 1 to 3 pursuant to the requisition received from the respondents 4 to 6. Despite Ext. P7 judgment passed by this Court on 22.05.2024, directing the respondents 1 to 3 to lift the freezing of the petitioner’s bank accounts within two months if no instructions have been received from the police, the freezing has not been lifted. The action of the respondents 1 to 3 is illegal and arbitrary. Hence, this writ petition. 2025:KER:30353 WP(C) NO.9605 of 2025 4 3. Heard; the learned counsel appearing for the petitioner and the learned counsel for the respondents 1 and 3. 4. The learned counsel for the respondents 1 and 3 submitted that, the lien as well as the debit freezing of the petitioner’s bank accounts have been lifted. The said submission is recorded. 5. On a consideration of the facts and the materials on record, particularly the directions in Ext. P7 judgment, I am of the view that the writ petition is to be allowed. 6. In the afore said circumstances, I direct the respondents 1 to 3 to lift the debit freezing and marking of the lien amount on the petitioner's bank accounts, if not already done. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE mtk/8.04.25 2025:KER:30353 WP(C) NO.9605 of 2025 5 APPENDIX OF WP(C) 9605/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE 1ST PAGE OF THE STATEMENT OF ACCOUNT ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT IN RESPECT OF ACCOUNT NO: 10710100286253 Exhibit P2 A TRUE PHOTOCOPY OF THE 1ST PAGE OF BANKING STATEMENT OF THE PETITIONER ISSUED BY 2ND RESPONDENT IN RESPECT OF ACCOUNT NO: '520101035197737' Exhibit P3 A TRUE PHOTOCOPY OF THE 1ST PAGE OF BANKING STATEMENT OF THE PETITIONER ISSUED BY 2ND RESPONDENT IN RESPECT OF ACCOUNT NO: 8213464596 Exhibit P4 A TRUE PHOTOCOPY OF THE LETTER OF INTIMATION DTD: 7/12/2023 SENT BY THE 1ST RESPONDENT TO THE PETITIONER REGARDING THE FREEZING OF HIS ACCOUNT NO: 10710100286253 Exhibit P5 A TRUE PHOTO COPY OF LETTER DATED:- 22/12/2023 SENT BY THE 2ND RESPONDENT TO THE PETITIONER REGARDING THE FREEZING OF HIS ACCOUNT NO: 520101035197737 Exhibit P6 A COMPUTER COPY OF THE MAIL DTD: 14/04/2023 SENT BY THE 3RD RESPONDENT TO THE PETITIONER REGARDING THE FREEZING OF HIS ACCOUNT NO: 8213464596 Exhibit P7 A TRUE COPY OF THE JUDGEMENT DATED 22/05/2024 IN WP(C) 6493/2024