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2025 Supreme(Online)(Ker) 52251

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
MUHAMMED MUSTHAFA CHERUVAI – Appellant
Versus
ESAF SMALL FINANCE BANK – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ABDUL HADI M.P.
For the Respondents: SMT.K.V.RASHMI

JUDGMENT

1. The Petitioner has filed this Writ Petition challenging the debit freezing/lien of his Bank account with the Respondent/Bank at the requisition of the Police Authorities. The case of the Petitioner is that the Petitioner is not an accused in the Crime registered by the Police authorities against some other persons, in which the requisition was made; that the Petitioner is in no way connected with the said Crime; and that the debit freezing/lien of the account is in violation of Sections 106 & 107 of the Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS ) and Article 300A of the Constitution of India.

2. The learned Counsel for the Respondent/Bank, after getting instructions from the Bank, confirmed that the Bank has received a Requisition from the Respondent No.2 for an amount of Rs.13,000/- for marking lien as well as for debit freezing of the account of the Petitioner mentioned in the Writ Petition, and hence, the Bank has effected the same.

3. This Court considered the same issue in Dr. Sajeer v. Reserve Bank of India [2024 (1) KLT 826], and this Court issued the following directions:

"a. The respondent Banks arrayed in these cases, are directed to confine the order of

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