Said Fazal Hussain .V.T v Union of India and Others

``` 2025:KER:30770 ``` **==> picture [58 x 57] intentionally omitted <==** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE C.S.DIAS`** ``` FRIDAY, THE 4[TH] DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 ``` ## **`WP(C) NO. 2864 OF 2025`** ## **`PETITIONER:`** ``` SAID FAZAL HUSSAIN .V.T AGED 43 YEARS S/O POOKOYATHANGAL, CHAIRMAN SNEHANILAYAM TRUST, XII/399 ,MUDAVANNOOR , MEZHATHOOR POST THRITHALA PALAKKAD, RESIDING AT VALIYAKATHODI HOUSE , AMMINIKKAD, PERINTHALMANNA , THAZHEKODE , MALAPPURAM KERALA- 679 322, PIN - 679534 ``` ``` BY ADVS. AJMAL V. A. A.C.ARFANA FATHIMA V.A. ``` ## **`RESPONDENTS:`** - **`1 UNION OF INDIA REPRESSED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS. GOVT. OF INDIA, NEW DELHI, PIN - 110001`** - **`2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001`** - **`3 STATE POLICE CHIEF KERALA STATE STATE POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN - 695010`** - **`4 DIRECTOR GENERAL OF POLICE KARNATAKA STATE OPPOSITE MARTHAS HOSPITAL, NRUPATUNGA ROAD,BENGALURU, KARNATAKA, PIN - 560001`** WP(C) No.2864 of 2025 2 **==> picture [58 x 57] intentionally omitted <==** ## `2025:KER:30770` - **`5 STATION HOUSE OFFICER CYBER CRIME POLICE STATION CARTLON HOUSE, #1 PALACE ROAD,BENGALURU, KARNATAKA, PIN - 560001`** - **`6 ESAF SMALL FINANCE BANK LIMITED PATTAMBI BRANCH REP . BY ITS MANAGER SHOP NO. 6/657,KOPAN COMMERCIAL CENTRE NEARBY MELE PATTAMBI JUMUA MASJID PALAKKADPONNANI RD PATTAMBI,KERALA, PIN - 679306`** - **`7 ADDL.R7: STATION HOUSE OFFICER, MALMRUTHI POLICE STATION, VG JH + MMW, SHREE NAGAR, BELGAAVU, KARNATAKA-590 016.`** - **`8 ADDL.R8: STATION HOUSE OFFICER, BIDHANNAGAR POLICE STATION, F 6, BLOCK D, SEC 1, SALT LAKE,BIDHAN NAGAR, WEST BENGAL-700 091.`** - **`9 ADDL.R9: STATION HOUSE OFFICER, PUNE RURAL POLICE STATION, 05KCFQ, CHAVHANNAGAR, PASHAN ROAD, PUNE, MAHARASHTRA-411 007.`** - **`(ADDL.R7 TO R9 ARE IMPLEADED AS PER ORDER DATED 04.04.2025 IN IA NO.2/2025 IN WP(C) NO.2864/2025.)`** ``` BY ADVS. RASHMI.K.V ``` ``` SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P. () DSGI SRI DINESH ``` ``` 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.2864 of 2025 3 **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:30770 ``` ## **JUDGMENT** ## **Dated this the 4[th] day of April, 2025** The writ petition is filed to direct the 6[th] respondent bank to lift the debit freezing of the petitioner’s bank account bearing No.20190000028879. 2. The petitioner is the holder of the above bank account with the 6[th] respondent bank. The petitioner contends that the 6[th] respondent bank has frozen the petitioner’s bank account pursuant to the requisitions received from the police. The action of the 6[th] 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 6[th] respondent. 4. The learned counsel appearing for the 6[th] respondent submitted that the total disputed amount is Rs.6,10,000/- and the petitioner’s bank account has been debit freezed as well as there is a lien marked on the account. The said submission is recorded. WP(C) No.2864 of 2025 4 ``` 2025:KER:30770 ``` **==> picture [58 x 57] intentionally omitted <==** 5. In considering an identical matter, this Court in **Dr.Sajeer v. Reserve Bank of India** [2024 (1) KLT 826] ## held as follows: “ a. The respondent Banks arrayed in these cases, are directed to confine the order of freeze against the accounts of the respective petitioners, only to the extent of the amounts mentioned in the order/requisition issued to them by the Police Authorities. This shall be done forthwith, so as to enable the petitioners to deal with their accounts, and transact therein, beyond that limit. b. The respondent – Police Authorities concerned are hereby directed to inform the respective Banks as to whether freezing of accounts of the petitioners in these Writ Petitions will require to be continued even in the afore manner; and if so, for what further time, within a period of eight months from the date of receipt of a copy of this judgment. c. On the Banks receiving the afore information/intimation from the Police Authorities, they will adhere with it and complete necessary action – either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be. d. If, however, no information or intimation is received by their Banks in terms of directions (b) above, the petitioners or such among them, will be at full liberty to approach this Court again; for which purpose, all their contentions in these Writ Petitions are left open and reserved to them, to impel in future.” 6. Subsequently, this Court in **Nazeer K.T v. Manager, Federal Bank Ltd** [2024 KHC OnLine 768], after concurring with the view in **Dr.Sajeer's** case (supra) and taking into consideration Section 102 of the Code of WP(C) No.2864 of 2025 5 **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:30770 ``` Criminal Procedure (now Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023] and the interpretation of Section 102 of the Code laid down by the Hon'ble Supreme Court in **State of Maharashtra v. Tapas D Neogy** [(1999) 7 SCC 685], **Teesta Atul Setalvad v. State of Gujarat** [(2018) 2 SCC 372] and **Shento Varghese v. Julfikar Husen and others** [2024 SCC OnLine SC 895], has held thus: “8. The above discussion leads to the conclusion that, while delay in forthwith reporting the seizure to the Magistrate may only be an irregularity, total failure to report the seizure will definitely have a negative impact on the validity of the seizure. In such circumstances, account holders like the petitioner, most of whom are not even made accused in the crimes registered, cannot be made to wait indefinitely hoping that the police may act in tune with S.102 and report the seizure as mandated under Sub-section (3) at some point of time. In that view of the matter, the following direction is issued, in addition to the directions in **Dr.Sajeer** (supra). (i) The Police officer concerned shall inform the banks whether the seizure of the bank account has been reported to the jurisdictional Magistrate and if not, the time limit within which the seizure will be reported. If no intimation as to the compliance or the proposal to comply with the S.102 is informed to bank within one month ofreceipt of a copy of the judgment, the bank shall lift the debit freeze imposed on the petitioner's account. (ii) In order to enable the police to comply with the above direction, the bank as well as the petitioner shall forthwith serve a WP(C) No.2864 of 2025 6 **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:30770 ``` copy of this judgment to the officer concerned and retain proof of such service.” 7. I am in complete agreement with the views in **Dr.Sajeer** and **Nazeer K.T cases** (supra). The above principles squarely apply to the facts of the case on hand. In the above conspectus, I dispose of the writ petition by passing the following directions: (i). The 6[th] respondent Bank is directed to confine the freezing order of the petitioner's bank account only to the extent of the amount mentioned in the order/requisition issued by the Police Authorities. The above exercise shall be done forthwith, so as to enable the petitioner to transact through his account beyond the said limit; (ii). The Police Authorities are hereby directed to inform the Bank as to whether freezing of the petitioner's account will be required to be continued even in the afore manner; and if so, for what further time; (iii) On the Bank receiving the afore information/intimation from the Police Authorities, they will adhere with it and complete necessary action – either continuing the freeze for such period as mentioned therein; or withdrawing it, as the case may be; (iv). If, however, no information or intimation is received by the Bank in terms of direction (ii) above, the petitioner will be at full liberty to approach this Court again; for which purpose, all his contentions in this Writ Petition are left open and reserved to him, to impel in future; WP(C) No.2864 of 2025 7 **==> picture [58 x 57] intentionally omitted <==** ## `2025:KER:30770` (v) The jurisdictional police officers shall inform the Bank whether the seizure of the bank account has been reported to the jurisdictional Magistrate and if not, the time limit within which the seizure will be reported. If no intimation as to the compliance or the proposal to comply with Section 102 of the Cr.P.C. is received by the Bank within two months of receipt of a copy of this judgment, the Bank shall lift the debit freeze or remove the lien, as the case may be, on the petitioner's bank account; (vi) In order to enable the Police to comply with the above direction, the Bank, as well as the petitioner, shall forthwith serve a copy of this judgment to the jurisdictional officer and retain proof of such service. The writ petition is ordered accordingly. **Sd/- C.S.DIAS, JUDGE** AJ WP(C) No.2864 of 2025 8 **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:30770 ``` ## **`APPENDIX OF WP(C) 2864/2025`** ## **`PETITIONER EXHIBITS`** ``` Exhibit-P1A TRUE COPY OF THE NOTICE DATED 29.10.2024 ISSUED UNDER SECTION 91 CR.P.C ISSUED BY THE 5TH RESPONDENT TO THE ESAF SMALL FINANCE BANK Exhibit-P2THE TRUE COPY OF THE TRUST AMENDMENT DEED OF SNEHANILAYAM ```