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 an order, direction or a writ more particularly a writ one in the nature of a mandamus to declare the inactions of the 4th and sth Respondents in ...RESPONDENTS not implementing the orders passed by the Hon'ble Special Judicial Magistrate of First Class for the Trail of Cases under Telangana Prohibition and Excise Act cum lV Additional Junior Civil Judge, Warangal dated 16.01 .2025 and in not acting upon the emails dated 28.01.2025 and 01.02.2025 addressed by the 3rd respondent to the 4th and 5th respondents as illegal, arbitrary, void and against Articles 14 and 21 of the Constitution of lndia and Consequently direct the 4th and Sth respondents to implement the order passed by the Hon,ble Special Judicial Magistrate of First class for the Trail of cases under Telangana prohibition and Excise Act cum lV Additional Junior Civil Judge, Warangal dated 16.01 .2025 by refu nd ing/releasing the funds to the bank account of the petitioner forthwith in the interest of justice. 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 4th and Sth respondents to forthwith refund release the funds belonging to the petitioner by implementing the order passed by Hon'ble Special Judicial Magistrate of First class for the Trail of cases under Telangana prohibition and Excise Act cum lV Additional Junior Civil Judge, Warangal dated 16.01.2025, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioners: SRI KRISHNA VENNELAKANTI Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent Nos.4 and 5:--- The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.1416 4 0F 2025 ORD ER: Heard Sri Krishna Vennelakanti, learned counsel appearing on behalf of the petitioners and the learned Government Pleader for Home appearing on behalf of the respondents. 2 The p oners aDDroached the Court seekinq Draver as under: "....to issue an order direction or a writ more particularly a writ one in the nature of a mandamus to declare the inactions of the 4h and lh Respondents in not implementing the orders passed by the Hon'ble Special ludicial Magistrate of First Class for the Trail of Cases under Telangana Prohibition and Excise Act -cum- IV Additional lunior Civil Judge, Warangal, dated 16.01.2025 and in not acting upon the e-mails dated 28.01.2025 and 01.02.2025 addressed by the 3'd respondent to the 4th and th respondents as illegal, arbitrary, void and against Articles 14 and 21 of the Constitution of tniia and Consequently direct the 4h and 5h respondents to implement the order passed by the Hon'ble Special ludicial Magistrate of First Class for the Trail of Cases under Telangana P@hibition and Excise Act -cum- IV Additional lunior Civil ludge, Warangal, dated 16.01.2025 by refunding/releasing the funds to the bank actbunt of the petitioner forthwith in the interest of justice."

3. Learned counsel appearing on behalf of the petitioners contends that in spite of repeated representations made by the 2 SN,J W.P.No.14164 2025 petitioners to respondent Nos.4 and 5 herein to implement the order passed by the Special Judicial Magistrate of First Class for Trial of Cases under Telangana Prohibition and Excise Act -cum- IV Additional Junior Civil Judge. Warangal at Hanumakonda dated

16.01.2025, no steps have been initiated by respondent Nos.4 and 5 as on date. Aggrieved by the same, the petitioner filed the present writ petition PERUSED T E RECORD: (A) The 16.oL.2f)25 issued bv res ndent No.3/K.Viiav Kumar, relevant' oortion of the letter tion House |l CPS-Waran csB to th N Officer. SBI Bank is extracted here under: "The police officer of the concerned police station is required to apprise the concerned bank about the aforementioned process as well as order of the Court. It is also ordered that after receiving the information from the concerned police station about the orders of the Couft as well the entire process of furnishing of surety or personal bondS in the police station, the bank shall ensure the compliance of the order of this Court under intimation to the Court. Further the concerned bank shall confirm that alleged amount which was deposited in the Accused Account i.e., Mr. Prathamesh Enterprises of State Bank of India Bank vide Account Number: 42953778973, IFSC: SBINO015251 vide J SN,J W.P.No.l4164 2025 Transaction IDs: ubinr22o24o6l2ol38ll52, 459750 (Cq No) for an amount of Rs.10,00,000/- + Rs.10,00,000/- rupees and the concerned bank shall return the amount to the same account of the applicant Mr.Arsenapalli Venkeshwar Rao S/o. Ramkishan Rao, age: 58 years, Caste: Velma, Occu: Government Employee (Gazetted), R/o. H.No.3-10-206, Reddycolony, Hanamkonda - 506 001, Union Bank of India A/c No.020610 100080678. Terms & Conditions :- 1. The applicant will have to produce the frozen amount before the Hon'ble Court, if so, required by 2. If the above mentioned account holder or any other person claims the said amount and proves his interest, to return the in that eventuality, the applicant will have said amount. 3. The applicant shall not transfer the said amount (frozen) to anyone else as a mortgage, gift or in any way until the Final disposal of this case. the Court.

4. The said frozen amount should not be used or allowed for any criminal purpose. be used 5. In the event of breach of any to the condition, the interim order stands automatically cancelled and the frozen amount shall be confiscated again and the surety and amount of bonds shall be recovered." (B) The application under Section 5031497 BNSS is hereby-allowed. The amount of Rs.1O,OO,OOO/- + Rs.7,OO,OOO/- + Rs.3,OO,OOO/- rupees vide tranbaction IDs: ubinr22O24O6O4O18557O5, UBINR22O24O6O4O1855644 & UBINR22O24O5O4O1856653 which was lien or frozen in i 4 SN,J W.P.No.l4164 2025 connection with this case in accused/suspect Mr. Vishal Hardware, Block No: O1, Akola, Akolijahagir Sab, Akola District of Maharastra State P,n-444OOL of SBI Bank vide Account Number:429227633l6 IFSC: SBINOOO2171 be returned to the petitioner/applicant as interim custody to Petitioner/Applicant namely Mr. Arsenapalli Venkateshwar Rao S/o Ram Kishan Rao, Aget 58 Yrs, Caste: Velama, Occ: Govt. Employee (Gazetted) R/o H.No.3-1O-206, Reddy Colony, Hanumakonda-5o6001 in Cr.No.O3 /2025, U/s 42O IPC, Sec.66-D IT Act of CCPS Warangal to victim's Union Bank of India A/c No.020610100080678". 4. A bare perusal of the record indicates that though specific instructions had been issued to the Nodal Offlcer, SBI Bank vrde letter dated 16.01.2025 by the Special Judicial Magistrate of First Class for Trial of Cases under Telangana Prohibition and Excise Act -cum- IV Additional Junior Civil Judge, Warangal at Hanumakonda (referred to and extracted above), no steps had been initiated by respondent Nos.4 and 5 as on date. 5 TAKING INTO CONSIDE TION: a) The aforesaid facts and circumstances of the case, b) The submissions made by the tearned counsel appearing on behalf of the petitioners and the ,1 learned Government Pleader for Home appearing on behalf of the respondents, ) w.P.No.14r64 #i c) The contents of the letter dated 16_OL.2O2S of the respondent No.3 (referred to and extracted above) The writ petition is disposed of directing the respondent Nos.4 and 5 to consider the request of the petitioners for imprementation of the order dated 76.o1.2025 passed by the special Judiciar Magistrate of First crass for Trial of Cases under Telangana prohibition and Excise Act _ cum- fV Additional Junior Civil Judge, Warangal at Hanumakonda, in accordance to taw and initiate appropriate action within a period of two (O2) weeks from the date of receipt of a copy of this order. However, there shalt be no order as to costs. Miscellaneous applicatic,1.1_jf unyl pending shall stand closed. %si,?xlHvAEa,s,.RiI ^,tj.'. X"""tr1;r:l?t ::.:"^:'- pertainins to the fl ffii1;ilT;;,,flrfl1-,"18;",',ii,fi{l i',ri**";.{#.i}ffi ,ii{+ill:[::j,:T,?i ,n"Toi:Jn:!lo:ljn"j5,f,T; iil;1",!::rl,i"iT,"illlf; //TRUE COPYII SD/. A. SRINIVASA R esslsrarur nec-ts- EDDY TRAR SECTIO OFFICER J!! :'|fl':,i: I:'3:ff1j,":ft?t??:*.j o, its p ri n cip a r s e c rera ry, H o m e To, 1 I I l i I l J // // -l/

2. The Telanqana Cvber Security Bureau (TGCSB), 2 and 3,d Floor, Tower B, Command and-Control ceritre, re r, rige;;;i;, Bhr"rr ri,ilId"i,,=, Banjara Hills Hyderabad, Telangana S"OOO3+ -"" +i:giff*g?_,fr,"lbyj,r

3. The Cyber Crimes police Station (CCpS), Warangat, Tetangana. , phata, Bhiwandi, rhe state Bank of rndia, ' F}!e?il ifi i#T f, 3 3i li "m,tsa: ff S E,yig,Stff *,?E:J I il3s,,ft gio, 444104 One CC to Sri Krishna Vennelakanti, Advocate loPUCl Two CCs to GP for Home High Court for the State of Telangana, at Hyderabad lourl Two CD Copres 6 7

8. TJ/PSK -\-- HIGH COURT SN,J DATED:0710512025 10t07t202s I \ AMENDED ORDER Ro WP.No.14164 of 2025 23 I|JEM (f. I i' t I \.-i 'i:-- , .- '/' .- .l , ,/' ''_a:' 1_:-:_-,-::/" DISPOSING OF THE WRIT PETITION WITHOUT COSTS I la{