India, Malkajgiri Branch and release two mobile phones (i) lphone v. Learned counsel for the

103, Old Safilguda, Srivani apartment. ,PETITIONER/ACCUSED AND

1. The State of Telangana, Rep by its Public Prosecutor Honble High Court for Telangana, Hyderabad.

2. The State of Telangana, through PS Lalaguda. ...RESPONDENT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the Order dl. 1110212025 in Crl.M.P.No. 9412025 in Cr.No 246t2024 of PS Lallaguda on the file of XXll Addl. chief Judicial Magistrate, secunderabad duly directing the 2nd respondent to deseize the A/c bearing No. 8602101.t00'12863 at Bank of lndia, Malkajgiri branch, and release two mobile phones i) lphone(16 Pro Max) with sim card No.917720'1073 and ii) Vivo Smart Phone blue colour with sim card Nos.8978277314 and 9100931826, Two wheeler Vehicle bearing No.TG08HF9224(TVS Jupiteo including the 3 Tula Gold Mangal Sutra belonging to the lst petitioner in cr.No. 24612024 of PS Lallaguda on the file of XXlt Addl. chief Judicial Magistrate, secunderabad in the interest of justice. l.A. NO: 1OF 2025 Petition under Section 482 ot Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased direct the 2nd respondent to deseize the A/c bearing No' 860210110012863 at Bank of lndia, Malkajgiri branch, and release two mobile phones i) lphone(16 Pro Max) with sim card No.9177201073 and ii) Vivo Smart ---7 Phone blue colour with sim card Nos.8978277314 and 910093'1826, Two wheeler Vehicle bearrng No.TG08HF9224(fVS Jupiter) including the 3 Tula Gold Mangal Sutra belonging to the 1st petitioner in Cr.No. 24612024 of PS Lallaguda on the file of XXll Addl. Chief Judicial Magistrate, Secunderabad in the interest of justice pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D RAMAKRISHNA ,Advocate for the Petitioner and Mr.E.Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.1 none appeared for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.28O2 OF 2o25 ORDER: . This Criminal Petition is filed by the petitioners seeking to quash the order dated 11.02.2025 passed in Crl.M.p.No.94 of 2025 in Crime No.246 of 2024 on the file of the Station House Officer, Lallaguda Police Station by directing the 2"a respondent to delreeze the A/c bearing No.86O2 1Ol10012863 at Bank of India, Malkajgiri Branch and release two mobile phones (i) lphone (16 Pro Max) r.r,ith sim card No.9l772OlO73 and (ii) Vivo Smart Phone blue colour with sim card Nos.89ZB2TZ3l4 and 910093 1826, Two wheeler Vehicle bearing No.TSO8HF9224 (TVS Jupiter) including three (3) Tulas Gold Mangal Sutra belonging to the l"t petitioner in Crime No.246/2024 of p.S. Lallaguda in the interest ofjustice and pass such other order or orders. /

2. Heard Mr.D.Ramakrishna, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant public prosecutor appearing for respondents. 3 Learned counsel for the petitioners submits that the savings bank account of petitioner No. I linked vvith Mobile - -No.g t 77 2OlO7 3 was Lrfllanvfull-y frozen by the Sub-lnspector of I I 1 1 Police, Lallaguda. Due to which, the husband of petitioner No.1 is avoiding the pzryment of maintenance amount as awarded by the learned Judge, Family Court in M.C.No.175 of 20iO, which is the only source of income for petitioner No.l and her child. He further states that the complainant had registered a false case against the petrtioners alleging that petitioner No. 1 is trying to extract mone_\' from the de facto complainant which is fa1se, baseless and trying to deprive petitioner No. I from eking out her Iivelihood. Therefore, he seeks to pass appropriate orders.

4. He further submits that this Court vide order dated

25.1O.2024 in W.P.No.2389O of 2024 directed respondent No.1/ therein/The South Central Railway rep. through I.G. and Principal Security Commissioner, Security Department, Railnilayam, Secunderabad & respondent No.2 therein/The Salary Drawing Disbursing Ofhcer, Railway Protection Force, South Central Railway, Mettuguda, Secunderabad to recover the amounts from the salary of respondent No.3 therein/husband of petitioner No. 1 pursuant to the order dated O1.1O.2O2O passed by the learned XVI Additional District and Sessions Judge-cum- III Additional Family Court, Ranga Reddy District at Malkajgiri. Therefore, he submits that for appropriate implementation of the 3 order dated 25.10.2024 passed by this Court in W'P'No'23890 of 2024, the impugned order, needs to be set aside'

5. Per contra, learned Assistant Public Prosecutor submits that this matter requires detailed investigation and seeks to dismiss this Criminal Petition. It is apparent from the record that this Court vide order dated

6. 24.01.2025 in W.P.No.1191 of 2025 disposed of the application (rled by the petitioner No.1 seeking to defreeze her account granting liberty to her to file an appropriate application before the trial court seeking release of the aforementioned seized items' Further' granting liberty to the petitioner No. I to Iile appropriate application before the trial Court for de-freezing her bank account' On such application, the trial Court was directed to pass orders within a period of ten (10) days thereof. In the case on hand, the trial Court had passed the impugned order. 7 . Having regard to the submissions of both learned counsel and upon perusal of the material available on record, this Court is of the opinion that the maintenance amount awarded to petitioner No.1 in M.C. No.175 of 2OlO is the only source of income to eke out t ) 4 her livelihood. Hence, order dated 11.O2.2025 in Crl.M.p.No.94 of 2025 in Crime No.246 of 2024 on the file of the Station House Offrcer, Lallaguda needs intervention by this Court as the said order is against the principles of natural justice. Therefore, this Criminal Petition is disposed of with the following directions. (i) Respondent No.2 is directed to address a letter to the Manager, Bank of India, Malkajgiri Branch to defreeze the Account bearing No.8602 l0l1O0 12863 at Bank of India, Malkajgiri Branch of petitioner No. I and allow to operate only to the extent of maintenance amount deposited in the said account b], virtue of the judicia-l order passed by the learned XVI Additional District and Sessions Judge-cum-lll Additional Family Court, at Malkajgiri, Ranga Reddy District. (ii) Petitioner No. I is hereby permitted to withdraw the maintenance arnount deposited in her Savings Bank Account. Except the above, this petition does not call for any further interference by this Court as the trial Court shall determine the matter on merits. Miscellaneous petitions, pending if any, shall stand closed. To, //TRUE COPY// sd/. P. CH. NAG ABHUSHAMBA GISTRAR / OFFICER iltt,t TheXXllAddl,ChiefJudicialMagistrate,AtSecunderabad 1 ./

2. The Station House Officer, Lallaguda police Station. 3 One CC to SRt. D RAMAKRTSHNA Advocate tOpUCl t l|,i"?r"rt l"r$3;'o"t Prosecutor' Hish court for the state of retansana at

5. Two CD Copies RAS/gh YL- i HIGH COURT DATED:01 105t2025 \ \ ORDER CRLP.No.2802 ot 2025 ( Q c g 5IA7 a- 1t^ 2 g lj\t\\ 2[6 t o[9 PATC\ q\ 2\l CRIMINAL PETITION IS DISPOSED * #(sb k.