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2026 Supreme(Online)(Ker) 13600

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
INDIRA P.R – Appellant
Versus
THE ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT COCHIN ZONAL OFFICE – Respondent
CRL.MC NO. 1080 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.N.K.SHYJU, SRI.GIREESH PANKAJAKSHAN, SHRI.VISHNU MOHAN, SMT.MARTEENA MILAN P.J.
For the Respondents: SC-SRI.JAISHANKAR V. NAIR, SC-KUM.CHRISTY THERESSA, SR.PP.SRI.C.S.HRITHWIK

An order directing a non-accused individual to deposit funds must specify legal grounds; otherwise, it is legally unsustainable.

Headnote:The petitioner challenged the legality of an order directing the deposit of an amount of Rs. 15,46,000/- by the Directorate of Enforcement. The court found that the petitioner is not an accused and no legal basis was provided in the order for the deposit. The court quashed the order, emphasizing the lack of statutory provisions. Ultimately, the court quashed the order while allowing the authorities to pursue their legal remedies.

Table of Content
1. petitioner questioned the legality of directive. (Para 1 , 2)
2. court heard both sides regarding order. (Para 3 , 4)
3. court quashed the order without prejudice. (Para 5)

ORDER

The petitioner has been served with Annexure I letter by the 1st respondent directing her to deposit Rs. 15,46,000/- in fixed deposit in her name and handover the original fixed deposit receipt to the 1st respondent by 27.01.2026.

2. The petitioner has stated in the Criminal Miscellaneous Case that the above action is illegal and unreasonable. The petitioner is not an accused in the crime and there is no reason mentioned in Annexure I letter for the petitioner to deposit the above amount.

Therefore, Annexure I letter may be quashed.

3. I have heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the 1st respondent.

4. The learned Standing Counsel appearing for the 1st respondent submits that, in the investigation conducted by the 1st respondent in ECIR/KCZO/07/2025/263, it is prima facie revealed that the proceeds in Crime No. 119/2025, registered by the Muvattupuzha Police Station have reached the hands of the petitioner. During the questioning of the petitioner, she agreed to deposit the above said amount in fixed deposit and hand over the original fixed deposit. It was on the basis of the above undertaking that Annexure I letter was issued to the petitioner.

5. Admittedly there is no reason or statutory provision mentioned in Annexure I letter for the petitioner to deposit the above amount in fixed deposit and to hand over the fixed deposit receipt to the 1st respondent. The petitioner is also not an accused in the crime. Thus, I am of the view that Annexure I letter is unsustainable in law.

In the aforesaid circumstances, I quash Annexure I letter, but without prejudice to the right of the 1st respondent to work out their remedies in accordance with law.

Sd/-

Srs/23.02.2026 C.S.DIAS, JUDGE APPENDIX OF CRL.MC NO. 1080 OF 2026 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE NOTICE DATED 8-1-2026 ISSUED BY THE DIRECTORATE OF ENFORCEMENT (ASSISTANT DIRECTOR), ZONAL OFFICE, COCHIN, AGAINST THE PETITIONER Annexure II A TRUE COPY OF THE FIRST INFORMATION REPORT LODGED BY ONE MS.REJI VARGHESE AGAINST THE ACCUSED PERSON. ANANTHUKRISHNAN AND OTHERS BEFORE THE MUVATTUPUZHA POLICE STATION ON 16-1-2025, AS CRIME NO.119/2025 Annexure III A TRUE COPY OF THE FIR REGISTERED BY CRIME BRANCH AS CRIME NO.733/2025, DATED

11/2/2025 Annexure IV A TRUE COPY OF THE BROUCHER OF A PUBLIC MEETING CONDUCTED BY THE SEED SOCIETY Annexure V A TRUE COPY OF THE PETITIONER’S BANK STATEMENT WITH RESPECT TO CANARA BANK, MUVATTUPUZHA BRANCH ACCOUNT NO.0714101022887 MAINTAINED BY THE PETITIONER Annexure VI A TRUE COPY OF THE ACCOUNT DETAILS WITH RESPECT TO LIFE INSURANCE POLICY MAINTAINED BY THE ACCUSED (ANANTHUKRISHNAN)

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