High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.3 in issuing order to the Respondent No.4 to freeze and hold the bank account ofthe Petitioner bearing A,/c No. 546102010021902 of Union Bank, Varachha Road Branch, Surat allegedly in relation to an investigation into a Crime to which the Petitioner is neither connected nor concerned with, and without any notice to the petitioner and without there being any FIR in the name of the Petitioner, and not reporting forthwith to the Jurisdictional Magistrate and not considering the Representation made by the Petitioner dt.11.O9.2024 as illegal and arbitrary and violative of the principles of natural justice and Article 21 and 300-4 of the Constitution of lndia and thereby QUASH the freezing orders I i , lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to DIRECT the Respondent No.3 to issue a NOC to the Respondent No.4 to unfreeze the Bank Account of the Petitioner and allow the Petitioner to operate his Bank fuc No. 546'102010021902 of Union Bank, Varachha Road Branch, Surat, pending disposal of the above writ petition Counsel for the Petitioner: SRI. PULLABHOTLA VLS SRICHAKRAPANI Counsel for the Respondent Nos.1 to 3: SRI G. ANIKETH REDDY AGP FOR HOME Counsel for the Respondent Nos.4&5: -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.8651 of 20 25 ORDER Heard learned counsel for the petitioner, Sri G.Aniketh Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /s involved, this Couft is of the view that notice to unofficial respondent Nos.4 and 5 is not necessary for adjudication of the present Wrii Petition.

3. The case of the petitioner, in brief, is that the 3'd respondent authority has issued an order to the 4th respondent viz., Union Bank, Varachha Road Branch, Surat, to freeze and hold the bank account of the petitioner bearing No.546102010021902, allegedly in relation to investigation into a crime with which the petitioner is neither connected nor concerned with, and as such, the 3'd respondent is to be directed to consider the representation submitted by the petitioner dt.IL.19.2024, which remains unconsidered till date, which action of the respondents, it is contended is illegal, arbitrary and in violation of Articles 21 and 300-A of the Constitutiqn of .India. Jr': i 2

4. Per contra, learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 3 submits that the respondents-authorities did not issue any intimation or communication to the 4th respondent to freeze the petitioner's account, though a case has been registered , vide Crime No.4373 of 2024 dt.t0.07 .2024.

5. Learned Assistant Government Pleader would further submits that the bank account of the petitioner has been freezed based on a complaint made by the 5t1' respondent to National Crime Record Portal, and'as such, the 3'd respondent authority is no way concerned with the freezinq of the petitioner's bank account. Learned Assistant Government Pleader further submits that the respondents-authorities except investigating into the crime registered, as noted above, have not undedaken any action to freeze the account of the petitioner as being claimed.

6. I have taken note of the respectlve contentions urged.

7. Though the petitioner claims of he not being involved in commission of any crime, and neither connected nor concerned with any crime registered based on the complaint made by the 5th respondent herein, it is to be noted that the 5th respondent herein had made a complaint on the National Crime Record Portal maintained by the Central Government in relation to online frauds. The petitioner in the present Writ 3 Petition however did not choose to make the concerned authorities a party to the present proceeding. B. Further, as noted hereinabove, since the account of the petitioner l has been freezed based on a complaint made by the 5th respondent on the Portal, this Court is of the view that the petitionbr has to seek relief against the concerned authorities, which has issued instructions/order for freezing of the petitioner's account, and for the said reason, the relief sought for by the petitioner seeking a direction the 3'd respondent to de- freeze the account of the petitioner, cannot be issued.

9. For the aforesaid reasons, the Writ Petition is disposed of granting libefi to the petitioner to avail remedies open to him in law against the concerned authority which had issued orders for freezing petitioner's bank account. No order as to costs.

10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.P. CH. N AGABHUSHAMBA DE UTY REGISTRAR sECNON OFFICER To, HYderabad' 1 . The Principal Secretary (Home department)' Secretariat buildings' 2. The Commissioner of Police' Cyberabad district' Hyderabad' 3. Station House Officer' Cyber Crime Police station' Cyberabad district' Hyderabad' 'r r^ q QPIcHAKRAPANI Advocate toPucl 4. One CC to SRI PULL'ABHOTLA VLS SRICHAI 5. Two ccs to Gp ron Hor,rrg ,High court for the state of rerangana loUTl

6. Two CD CoPies KKSLSK HIGH COURT DATED:21 10312025 ORDER WP.No.8651 of 2025 o 1E APN ilM seYi1 T4 Ic t a€S lAT a .L I DISPOSING OF THE WRIT PETITION WITHOUT COSTS q "uf4 *F