High Court · 2025

Petition Under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue, writ, order or direction especially one in the Nature of writ of Mandamus challenging the action of the respondents 2 and 3 especially the 3rd respondent directing the 5th respondent to freeze the account of the 1st petitioner in which her pension amount is deposited on the complaint rnade by the 4th respondent against the 2nd petitioner is illegal, arbitrary, unjust, unreasonable and against the principles of natural justice and further declare the action of the 3rd respondent in giving instructions to the sth respondent bank to freeze the account of the 1st petitioner without any right and authority is also illegal and arbitrary and consequently direct the respondent No.5 to de-freeze the account of the 1st petitioner to withdraw the pension amount for the purpose of medical treatmeot and personal purpose in the interest of justice. |.A.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.5 to de-freeze the account of the 1st petitioner to withdraw the pension amount for the purpose of medical treatment and personal purpose in the interest of justice and equity, pending disposal of the main writ petition. Counsel for the Petitioners : SRI Y.BALA MURALI Counsel for the Respondent Nos.1 to 3 : GP FOR HOME Counsel for the Respondent Nos.4 & 5 : - The Court at the stage of admission made the following ORDER 7 THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 147'13 of 2025 ORDER: Heard lcarned corrnscl for rhe pctitioners, learned Government l'lcadcr for llonrr' ilppcilrnrg ftrr rcspor.tclenL Nos. I to 3, and with their conscnl the \\ rrt Petition is taken up lor hearing and disposal at admission s tagc.

2. Ilaving rcgtrrd to thc manner ol disposal of the writ petition and the naturc ol h.s involved. this Court is of the view that notice to unofficial respondcnt Nos.4 & 5 is not necessary for adjudication of the present Wrrt [)ctition '

3. Thc casc ol rhe petitior-rers, in brief, is that the 1sr petitioner is a rctired emplovct h:rving workcd in ICI)S l)epartment, Banswada; that her pcnsion itm()Lr n L r.r as clcpositcd dirr:ctly into her savings bank account mainrarrcd ',r'ith the 5tl, rcspondent Rank; and that she is withdrau,ing thc aforesaid amount regularly every month for her med icir I and pcrsorral purp()ses.

4. It is tl're furrhe| casc o[ the 1"t petitioner that based on a complaint loclgecl trl' the 4th respondent against the 2"d petitioner herc.in belbrc llr( 3,, r-( sl)()rrrlcnt iiJlcgine that Dwakra Group in her villzrgc, oI u]rit h lhc 2,,(r pctitioner is l)rcsidcnt, took loan of Rs.5 lakhs from SUI bank on 29.O1.2019; that all the 1O members of the Group used to repa\. thc loan arllount in installment basis @ Rs.2,5OO/- each, and Lhlrs. thc-v havc paid Rs.25,000/- every month to the Sth \ ) respondent-Bank; that however, as there ',r'as hugc crowd at the Bank, they usecl to pay installmcnt amount to the 2', I petitioner, $,ho used to run thc SBI counter scn,icc point beside thc 5,t, respondent SBI bank; and that thc 2nd pelitior-rer fcrr the amoLn'rt paid bv the members had given receipts for some timc and sonr('rimes uscd to claim that she u.rll give reccipts latcl'

5. 'l'he 1sr petitroncr lurtht'r contcrrcls titat titc r-rnolhcial resporldent has approached thc 3.d rcspondenr and lodged a complaint alleging that thc peLitioners hcrcin have not deposited a total amount of Rs.25,O6,1lO/- ol I I groups of Hasanpct Villagc and requcsled to takc necessarv acrion.

6. The 1st petitioner further contcnds that basing orr Lhe complaint lodgcd by the 4rr, respondcnt on 18.1O.2O),4. thc 3,,i rospondent police have registered :r case l,idr: ti'lll.No. l.lq/'2O.2-l aq:rinsr tlr' 2'.i pctitloner for the offenccs under Sections 420. 4O(r oI lt)C: :Lnd lhat the petitioner is not arrayed as an accused thcrein.

7. The 1"t petitioner furLher contcnds that tholrilh she is r-rot arrayed as an accused in the aforcsatd crime. the il ,t respoltdent- authority had issued intimation to Ihe 5,h rcspondent lot' freezing her savings' account bearing account No.52 180709625 mrrintained with the Sth responclent-Bank, on account ol u'hich, thc l pctitioltcr is unable to operiite her account lbl u,ithdrau,ing the rron[hlv pcnsion for her personal needs and medir:al rcquirr:nrents. t, 3

8. The 1.t pctitioncr further contends that since, the 5rh respondent had lreezed her savings bank account based on the request madc b,r thc 3' rcsporldcr)t, she had approached the 5,h rcspondent-Bank and sr-rbmitted a representation, dt.03.03.202S, requesting them to defrcczc hcr accounL and allow the pctitioner to q,ithdraw the amoun[ lirr medica] and pcrsonal expenses. However, the said request had lrccn rejbc ted/ refused by the Sth respondent claiming that unless and until written instructions from the 3.a respondent are rcccivcd u ithdrau ing thc requisition made by them, thc Srh respondenr autl.roriti('s (.irnnoI take an].aclion on the request madc by thc I s, p('tit jorr. r.

9. Thus, thc l', petitioner sceks a direction to the 3rd respondent to issuc necessatr\ instTrr('liolts to dclreeze hcr account maintained with the 5,h respon(lcnt-Rank, inasmr"rch as shc has not been arrayed as accused in the crime rcgistered ulde I,'[R.No.139/2024.

10. Per contra, lcnrncd Government Pleader appearing for respondent Nos.I to 3 u ctrrlrJ sul.:rnir Lh:tt the rcspondents authorities based on thc cornplainr mtrde l;r the 4 t, rcspondent herein having registcred a casc ufu7e FIR. No- 139 I 2024 in thc course of investigation had found mone\'tr:lns:rctions l)cr$'een ,1-," 2na petitioner and the 1"t pctitioner, and thus, in orclcr to protecr thc money, u,hich is alleged to have been misappropriated by the 2nd petitioner, the authorities have addressed lcttcr to the 5,1, respondent-Bank for freezing of the 1.t petitione+ Bank zrcc--our.t I rn:rintitincd u.ith thc said Bank. \ 4

11. Learncd Govcrt-rment ['lcarlt:r furlh<:r- subtr-rits 1]1il1 il i)iyision Bench of this Court, by order dt.05.07.2021 in \!'.1'.N'r()(r8(l ot 202O had held that an Investigating ()fficer has porvt I l() scil( the accou nt/ prope rty in order to requirc the aLtendarlct: ol thc accttsed in a criminal case including that of any person having cotlt'tcctitln lvith the accu sed in t he said crime. l,earned Govcrnmenl Pleadcr furthcr subtnLts tll:Lt il thc 1''

12. petitioner claims of she not having any t'onncr tiUn \ Irertsoever u'ith the 2nd petitioner, she can approach thc conccrnecl Nl'rgistrate by filing a petition undcr Scction 45 1 of Cr.['.C. '19 / ol l]NSS, sccking de-freezing hef account by cstablishing the la('t thlil tllcrc ilfLr llo monev transactions bctwecn 11't. 1sr petitioner and Ll-tc -2 'r llctltioner.

13. I havc taken note of the respcctive submissiol-rs nritde

14. Having regarrl to thc submissions madc rrs tllro|r. arrrl trrl<ittg notc of the fact thal the lst petitioncr has an erllcctir'c t'clneclt' Ltnder lhe provisions of the BNSS, this Court iS of thc Yie\\ that the 1sr petitioner should br: relegatcd to avail Ihc rr:mcch b-r rrlrllro'rching thc concerned Magistrate scekir-rg dc lieczing ol tilt' :iccotlr)L by establishing her notr-involvement in cot-tt-tt'ction u'rth FIR. No. 139/2O24. 15- Granting libe rty as noted hereinabovc lhc wr-it Petition is disposed of. No order as to costs. a 5

16. Consequently, miscellancous peLltions, if any, pending shall stand closed. ,TRUE COPY// SD/- K. AMMAJI PUTY REGISTRAR SECTION OFFICER To Amb 2 3 4 5

1. The Princip al Secretary, Home Department, Dr. B Secretariat, State of Telangana at HYderabad The Superintendent of Police, KamareddY, Ka mareddy District The Station House Officer, N iza msag ar Police Station, Kamareddy District The Branch Manager, State Bank of I ndia, Nizamsagar Branch, KamareddY Two CCs to GP FOR HOME, High Court for the State of Telangana at Hvderabad. IOUTI Ohe CC to SRt y.'enlR N/URALI, Advocate IOPUCI Two CD Copies edkar Telangana 6 7 SA GJP #/ HIGH COURT DATED:0910512025 ,. -- .:\ "n)\r.\-- \ '\ ?^ T\\ !) r')'t I 29 JUL zffi f)63r)nT,: HtO ORDER WP.No.14773 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. o1 7