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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
MUHAMMED MUSTHAFA CHERUVAI – Appellant
Versus
ESAF SMALL FINANCE BANK – Respondent
| Table of Content |
|---|
| 1. challenge to bank account debit freeze. (Para 1) |
| 2. confirmation of requisition for account freeze. (Para 2) |
| 3. historical context and directives for account freeze management. (Para 3 , 4 , 5 , 6) |
| 4. petitioner entitled to similar relief as previous cases. (Para 7) |
| 5. directions for managing future account liens and freezes. (Para 8 , 9) |
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
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