Kerala High Court Directed To Not Freeze The Account Of Traders Completely As They Are Too The Victims Of Cyber Crime
Title: Dr Sajeer V Reserve Bank Of India & Anr.
Citation: WP(C) NO.12960 OF 2023 & conn.cases
Coram: Honourable Mr. Justice Devan Ramachandran
Introduction:
In the current situation as afore has thrown the petitioners in these cases in the cross hairs of the Police and their Banks, because it appears to be alleged that some one, who had indulged in a cyber financial crime in another part of India, had transferred money to their account; consequent to which, the competent Investigating and Police Authorities issued advisory to their Banks to freeze their accounts.
Facts of Case:
Petitioners have been caught between the “Devil and the Deep Sea” because, for one, they do not know why their accounts have been frozen; and for the second, they are now facing incalculable loss because of the account freeze. The freezing of accounts is all because some unknown person from far has allegedly made UPI transaction to the accounts of petitioners.
The Learned Counsel of Central Government affirmed the petitioners that the ministry of home affairs had initiated to set up NCCP with the intent to protect the victims of cyber crime like these. He added that the duty to handle the investigation and inform the court about the important steps to be taken has to be given by the police authorities.
Court’s Analysis and Judgement:
The court noticed that no one was able to justify why the aggrieved petitioner’s bank accounts in full, should remain frozen. The court directed the Banks arrayed in the case that the accounts of the respective petitioners to be frozen only to the extent to the amounts mentioned in the order of police authorities. The police Authorities are directed to give information to the banks of petitioners regarding till what time and to what extent the accounts of the petitioner’s have to be freezed.
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Written By : Sushant Kumar Sharma