IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 9^TH DAY OF SEPTEMBER 2024 / 18TH BHADRA, 1946 WP(C) NO. 24005 OF 2024 PETITIONER:

M/S FLY CREATIVE ONLINE PRIVATE LIMITED

101, PRABHA BUILDING, NORTH NADA, KODUNGALLOOR, THRISSUR DISTRICT- 680664, REPRESENTED BY ITS MANAGING DIRECTOR V.S. ABDUL KARIM, AGED 67 YEARS, S/O SAIDU, VADAKKUMCHERIL HOUSE, EDAVILANGU P.O, THRISSUR DISTRICT - 680671, THROUGH ITS POWER OF ATTORNEY HOLDER MR. K.U. YUSUF., PIN - 680664 BY ADVS.

K.MOHAMMED RAFEEQ BIBIN MATHEW P.M.MATHEW AMARNATH R LAL SANALDEV E.P.

VISHNUMAYA ANANDAN SONYMON ANTONY AJMAL V. KARIM RESPONDENTS:

1 BANK OF BARODA MATHILAKAM BRANCH, PAPPINIVATTAM P.O, MATHILAKAM.

KODUNGALLOOR, THRISSUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER, PIN – 680685

2 BRANCH MANAGER BANK OF BARODA, MATHILAKAM BRANCH, PAPPINIVATTAM P.O, MATHILAKAM. KODUNGALLOOR, THRISSUR DISTRICT, PIN - 680685

3 THE NODAL OFFICER NATIONAL CYBER CRIME REPORTING PORTAL, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI, PIN - 110037

4 STATION HOUSE OFFICER CEN POLICE STATION, WHITEFIELD, SINGAYYANAPALYA, KRISHNARAJAPURAM, BENGALURU, KARNATAKA, PIN - 560048

5 ASSISTANT COMMISSIONER OF POLICE CEN POLICE STATION, WHITEFIELD, SINGAYYANAPALYA, KRISHNARAJAPURAM, BENGALURU, KARNATAKA, PIN - 560048

6 DIRECTOR GENERAL OF POLICE KARNATAKA STATE POLICE HEADQUARTERS, NO.2, NRUPATHUNGA ROAD, BNAGALORE, KARNATAKA, PIN - 560001 BY ADVS.

K.K.SETHUKUMAR Kiran M.S.

DSGI IN CHARGE T.C.KRISHNA;;SC FOR BANK OF BARODA K.ANAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

09.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 09^th day of September, 2024 The petitioner is aggrieved by the sudden freezing of its account by the bank based on requisitions/intimation received from the police. The police in turn has acted on the basis of Cyber Crime Incident Reports filed by persons subjected to online financial fraud/UPI fraud.

2. Learned counsel for the petitioner submitted that this Court in Dr.Sajeer v. Reserve Bank of India [2024 (1) KLT 826] has addressed the plight of similarly situated persons, and after elaborately dealing with the revolutionary change in money transactions with the advent of Unified Payment Interface (UPI for short), as also the positives and negatives of UPI transactions in the context of Cyber crimes and Online fraud, the writ petitions were disposed of with certain directions. The petitioner is also seeking disposal of its case in similar manner.

3. Heard learned Counsel for the petitioner, the Standing Counsel for the bank and the learned Central Government Counsel

4. For convenience, the directions in Dr.Sajeer's case (supra) is extracted hereunder:-

“ 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