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2025 DAILYLAW 6884 (KER)

VINOD P J v. STATE OF KERALA

WP(C)/14193/2025 · 2025-04-10

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:31417 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 14193 OF 2025 PETITIONER: VINOD P J AGED 38 YEARS S/O JANARTHANAN, PALLIKUNNEL HOUSE, CHAMAMPATHAL, VAZHOOR, NEAR ELANGOI CHRUCH, KOTTAYAM, KERALA., PIN - 686517 BY ADVS. VISHNU DAS SRUTHI DAS MARIA NEETHU T.J ANAGHA A.S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETRAIT, THIRUVANANTHAPURAM, PIN - 695001 2 STATION HOUSE OFFICER KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM, KERALA., PIN - 686691 3 HDFC BANK LTD REPRESENTED BY ITS BANK MANAGER, K& T TOWERS, NEAR KAKKANAD POST OFFICE, KAKKANAD, ERNAKULAM DISTRICT, KERALA, PIN - 682030 BY ADVS. P.PAULOCHAN ANTONY P SREEJITH K.(K/380/2005) OTHER PRESENT: GOVERNMENT PLEADER- SMT VIDYA KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.14193 of 2025 2 2025:KER:31417 JUDGMENT Dated this the 10th day of April, 2025 The writ petition is filed to direct the third respondent bank to lift the debit freezing of the petitioner’s bank account bearing No. 50200068554066. 2. The petitioner is the holder of the above bank account with the third respondent bank. The petitioner’s bank account has been debit frozen by the third respondent bank pursuant to the requisition received from the second respondent. The second respondent had registered Crime No. 1238/2023 against the petitioner for allegedly committing the offences under sections 406 and 420 of the Indian Penal Code. The second respondent filed the charge sheet in the crime, and the case was registered as C.C. No. 230/2024 on the files of the Judicial First Class Magistrate Court-I, Kothamangalam. Subsequently, the matter was settled between the parties. By Ext. P1 order, this Court quashed the FIR and final report. In WP(C) NO.14193 of 2025 3 2025:KER:31417 view of Ext. P1 order, the freezing of the petitioner's bank account is no longer necessary. Therefore, the third respondent may be directed to lift the freezing of the petitioner's bank account. 3. Heard; the learned counsel appearing for the petitioner, the learned Government Pleader and the learned counsel for the third respondent. 4. On a consideration of the facts and the materials on record, particularly Ext. P1 order passed by this Court whereby the final report and all further proceedings have been quashed by this Court, I am of the view that the writ petition is to be allowed. In the afore said circumstances, I direct the third respondent bank to lift the debit freezing of the petitioner's bank account and remove the lien, if any, marked on the petitioner's bank account, if not already done. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE mtk/10.04.25 WP(C) NO.14193 of 2025 4 2025:KER:31417 APPENDIX OF WP(C) 14193/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER IN CRL.MC NO. 11070 OF 2024 OF THIS HON’BLE COURT DATED 08.01.2025 EXHIBIT P2 THE TRUE COPY OF THE E-MAIL ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER