WP(C) No.25247 of 2024 1 2025:KER:27570 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 25247 OF 2024 PETITIONER: EVELYN PATEL AGED 40 YEARS W/O RITESH PATEL, DURGA MANDAP ROAD, OPP.RAILWAY STATION, BELPAHAR, JHARSUGUDA, ODISHA-768218 PRESENTLY AT NYASA MANUFACTURING COMPANY, P.O BOX 1814, BLANTYRE, MALAWI., PIN - 768218 BY ADV PRAVEEN K. JOY RESPONDENTS: 1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI., PIN - 110001 2 STATE OF KERALA REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695001 3 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD. THIRUVANANTHAPURAM, PIN - 695014 4 NATIONAL CYBER CRIME REPORTING PORTAL(NCRP) (MHA PORTAL), NATIONAL HIGHWAY -8 MAHIPALPUR, NEW DELHI REP BY ITS DIRECTOR, PIN - 110037 5 THE STATE BANK OF INDIA SUNDARGARH BRANCH HARIOM COLONY, SUNDARGARH, ODISHA, PIN - 768217 6 ASSISTANT GENERAL MANAGER STATE BANK OF INDIA SURVEILLANCE AND INVESTIGATION DEPARTMENT, LHO THIRUVANANTHAPURAM, PIN - 695012 WP(C) No.25247 of 2024 2 2025:KER:27570 7 GENERAL MANAGER STATE BANK OF INDIA LOCAL HEAD OFFICE, THIRUVANANTHAPURAM, PIN - 695012 BY ADV JAYESH MOHANKUMAR K DSGI GP SMT VIDYA KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.25247 of 2024 3 2025:KER:27570 JUDGMENT Dated this the 28th day of March, 2025 The writ petition is filed to direct the 5th respondent bank to lift the debit freezing of the petitioner’s bank account bearing No.10171939074. 2. The petitioner is the holder of the above bank account with the 5th respondent bank. The petitioner contends that the 5th respondent bank has frozen the petitioner’s bank account pursuant to a requisition received from the 4th respondent. The action of the 5th 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 5th respondent. 4. The learned Government Pleader submitted that based on a requisition received from the 4th respondent, the Chengannur Police has registered Crime No.335/2024. The disputed amount is Rs.3,49,500/-. In a writ petition filed pertaining to the very same crime, by the judgment dated 20.02.2025 in W.P(C) No.25213/2024, this Court disposed of WP(C) No.25247 of 2024 4 2025:KER:27570 the writ petition, by permitting the 8th respondent in the said writ petition to approach the jurisdictional Magistrate and file an application under Section 457 of the Code of Criminal Procedure. Based on the said direction, the 8th respondent had approached the jurisdictional Magistrate and the disputed amount has been transferred to the 8th respondent’s bank account. Therefore, the petitioner's remedy is to approach the jurisdictional Magistrate and workout his remedies in accordance with law. In light of the above submission, I dispose of the writ petition, by permitting the petitioner to approach the jurisdictional Magistrate and to work out his remedies in accordance with law. The writ petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE AJ WP(C) No.25247 of 2024 5 2025:KER:27570 APPENDIX OF WP(C) 25247/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF LETTER ISSUED BY 6TH RESPONDENT DATED NIL TO THE PETITIONER Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 25.09.2023 IN WPC NO.28908/2023 AND CONNECTED CASES OF THIS HON’BLE COURT