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2025 DAILYLAW 5563 (KER)

SHAIKH MOHAMMAD ARIF v. THE STATION HOUSE OFFICER,

WP(C)/12348/2025 · 2025-04-02

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:29431 W.P.(C)No.12348 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 12348 OF 2025 PETITIONER: SHAIKH MOHAMMAD ARIF AGED 30 YEARS S/O SHAIKH HANIF 4/3942 -43 ZAMPA BAZAR CHAR RASTA, GUJARAT TRADERS, SURAT CITY, SURAT DISTRICT, GUJRAT STATE, SURAT P.O., PIN - 395003 BY ADV REBIN VINCENT GRALAN RESPONDENTS: 1 THE STATION HOUSE OFFICER, CYBER POLICE STATION, THRISSUR , THRSSUR DISTRICT, P.O. THRISSUR, PIN - 680001 2 BRANCH MANAGER HDFC BANK (IFSC CODE : HDFC0000 896) , LAL GATE BRANCH, FIROZ CHAMBERS,12/973,974,KHAND BAZAAR, SURAT CITY,SURAT DISTRICT,GUJRAT STATE,MAIL ID : VISHAL.MANGUKIYA@HDFCBANK.COM,SURAT P.O.,, PIN - 395003 GP SRI B S SYAMANTHAK .SC SRI PREMCHAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29431 W.P.(C)No.12348 of 2025 2 C.S.DIAS,J -------------------------------------------- W.P.(C).No. 12348 of 2025 --------------------------------------------- Dated this the 2nd day of April , 2025 JUDGMENT The writ petition is filed to direct the 2nd respondent bank to lift the freezing of the petitioner’s bank account bearing No.50200092600392. 2. The petitioner is the holder of the above bank account with the 2nd respondent bank. The petitioner contends that the 2nd respondent has frozen the petitioner’s bank account pursuant to the requisition received from the 1st respondent. The action of the 2nd respondent is illegal and arbitrary. Hence, this writ petition. 3. Heard; the learned counsel for the petitioner the learned Government Pleader and the learned counsel for the 2nd respondent. 2025:KER:29431 W.P.(C)No.12348 of 2025 3 4. The learned Government Pleader submitted that, Crime No.88/2024 has been registered by the 1st respondent. It is based on the registration of the crime, the 1st respondent has requested the 2nd respondent to mark a lien on the petitioner’s bank account for Rs.2,000/-. The matter has already been reported to the jurisdictional Magistrate. In the light of the above submission, I dispose of the writ petition, by permitting the petitioner to approach the Jurisdictional Court and work out his remedies, in accordance with law. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE SCB.02.04.25. 2025:KER:29431 W.P.(C)No.12348 of 2025 4 APPENDIX OF WP(C) 12348/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT NO.1 TO THE 2ND RESPONDENT DT.06.03.2025 Exhibit P2 A TRUE COPY OF THE PERMANENT ACCOUNT NUMBER CARD BEARING NO.FDR PS 8704 N ISSUED BY THE INCOME TAX DEPARTMENT, GOVERNMENT OF INDIA DT NIL Exhibit P3 A TRUE COPY OF THE INTIMATION RECEIPT ISSUED TO PETITIONER BY THE SHOPS AND ESTABLISHMENT DEPARTMENT, SURAT MUNICIPALITY DT 20.01.2024