1. Syed Abdul Hakeem v. The State of Telangana

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 cne in the nature of Writ of Mandamus, declaring the action of the 4th respondent police in freezing the petitioners Bank account'l . A,/c No 881040358383, IFSC code DBSSOIN8l l, DBS BANK LTD, 2 A/c No 309490997000, IFSC code RATN0000357, RBL Bank, 3. A/c No 048850700000302, IFSC code YESB0000016, Yes Bank, of the petitioner No. 1, 4. A/c No 921010007720298.IFSC UT|80003063, Axis Bank of the Petitioner No. 2, 5. A/C No 151991110102, IFSC Code 1ND80001801, lndusind Bank and 6 A/C No 386701500706, IFSC Code 1C1C0006305, lclcl Bank of the Petitioner No. 3, 7. A/c No 6670101002175, IFSC code CNRB0006670, and B. A/c No 6670201000097, IFSC code CNRB0006670, Canara Bank of the Petitioner No. 4 without following due process of law and also not following the Section 102 (3) Cr. P. C by freezing the petitioners bank account, is highly illegal, arbitrary and against the principles of natural justrce and also violative of Articles 14, 19 and 21 of the Constitution of lndia and consequently direct the respondents to de- freeze the petitioners bank account 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 ce pleased to pass an order by directing the respondents to defreeze the bank account of the petitioner bearing '1 A/c No 881040358383, IFSC code DBSSOlN811, DBS BANK LTD, 2. Aic Nr: 309490997000, IFSC code RATN0000357, RBL Bank, 3. A/c No 048850700000302, IFSC code YES80000016, Yes Bank, of the petitioner No. 'l , 4 A/c No 921010007720298, IFSC UT1B0003063, Axis Bank of the Petitioner No.2, 5. A/C No 151991'1 10102, IFSC Code lNDB0001B01, lndusind Bank and 6. A/C No 386701500706, IFSC Code 1C1C0006305, tClCl Bank of the Petitioner No. 3, 7. A/c No 6670101002175, |FSC code CNR80006670, and B. A/c No 6670201000097, IFSC code CNR80006670, Canara Bank of the Petitioner No. 4 and allow the petitioner to operate the account, pending disposal of the main writ petition. Counsel for the Petitioner : SRI K.S.SUNEEL Counsel for the Respondents No.1to4 : GP FOR HOME Counsel for the Respondents No.5to11 : The Court made the following: ORDER THI]; HON,BLE SRI JUSTICE T. VINOD KUMAR W.P.No.2O1O7 of 2025 ORDER: Heard leerrned counsel for the petitioners, learned Govcrnment I)leeLder for Home appearing for respondent Nos.1 to 4, and u,ith t:reir consent, the Writ Petition is takcn up for hearing and disposal rtt admission stage.

2. Havir-rg regard to the manner of disposal ol the writ petition and the natlrre of /ls involved, this Court is of the view that notice to respondent Nos.5 to 1 1 is not necessa,ry for adjudication ol the present Writ [)etition

3. The case of the petitioners, 1n brief, is that the 41h respondent aulhority l-rad freezed thc petitioners' balk accounts maintained w,ith unofficial respondents herein without follou,ing due process ol law as well as Section 102(3) of Cr.P,C., which action of the rcspondents-authorities it is contended as highly illegal, arbitran and in violation of Articles 14, 19 & 21 of the Constitution ol' Ir-rdia, r,r,ith a consequential direction to defreeze the petitioners' bank accounts. ) 2

4. Per contra, learned Government Pleader for Home appearing on behalf of respondents authorities u,hile denying the writ averments would submit that based on the complaint dt.26.1I.2024, made by one L.Venkateshwarlu, alleging that one S1.ed Fazal Ali, introducing himself as Managing Director of GSR Construction Company, had offered to se1l a plot of land to the complainant and received an arnount of Rs.6O lakhs, but did not register the plot; and that based on the said complaint, the .trlh respondent authority had registered a case uide Crime No.17a2l2024

5. Learned Government Pleader further submits that during the course of invcstigation into the aforesaid crime, it revealed that the petitioners herein, who are father, sister ald brother of accused namelg Syed Fazai Ali, have shared the aforesaid amount among themselves, ald thus, the authorities have issued notice to the unofficial respondents-banks to debit freeze the accounts of the petitioners, pending further investigation into the aforesaid cr1me.

6. Learned Government Pleader would further submit that tl-re respondents-authorities on freezing the accounts of the petitioners maintained n ith the unoflicial respondents-banks, have informed 3 the same to the jurisdictional Magistrate and if the petitioners intend to seek de-freezement of their accounts, have to approach the ir-rrisdictr onal Court and for the said reason, the present Writ Petition is not n-raintainable.

7. I have takcn note of the respective submissions made. B. Though the petitioners by the present Writ Petition have ciaimed their accounts being freezed by the respondents- authorities v. ithout following the due procedltrt: AS pre scribed under Section 102(3) of Cr.P.C./106(3) of BNSS, since, it is now stated bv the' leeLrned Government Pleader for H ome before this Court that the authorities having registered al oase uide Crime No.l7B2l2O24 against one Syed Fazal Ali, and the in course of investigation, having found the misappropriated amount being \ I sharcd by tht: :rccused along with the petitioners herein and in order to secure the presence of the petitioners in connection u,ith the aloresaid <:rime, so also to secure the amount, ivhich is alleged to be misappropriated, the authorities having freezed the petitioners' bank accounts maintained w,ith the unofficial respondents herein, this Court is of the view that if the petitioners are aggrieved bf, the aforesaid action of the respondents- authorities in freezing their bank accounts havr: to avail the 4 remedy provided under Section 492 of BNSS by approaching the court having jurisdiction, as herd by a coordinate Bench of this Court in Wp.No.9689l2020, dt.05.0 7.2O21. 9 . Granting liberty to the petitioners . to approach the jurisdictional Court by filing an application under Section 497 ot BNSS, the Writ petition is disposed of. No order as to costs

10. Consequently, miscellaneous petitions, if any, pending shall stand closcd. SD/.S. MALLIKARJUNA RAO TANT REGIS -/'-"1 //TRUE COPYil S CTION OFFICER To, '1 . The Principal Secretary, Home Department, Dr. B. R. Ambedkar Bhavan, Secretariat, State of Telangana, Hyderabad

2. The Director General of Police, State of Telangana, DGP Office Lakdikapool, Hyderabad I

3. The Commissioner of Police, Cyberabad Commissionerate, Cyberabad. 4. The Station House Officer, Detective Department, Central Crime Station, Cyber Crime Police Station, Hyderabad 5, One CC to SRI K.S.SUNEEL, Advocate. [OPUC] 6. Two CCs to GP FOR HOME, High Court forthe State of Telangana. [OUT] 7. Two CD Copies. BSK LS fu- HIGH COUIRT DATED:1 610712025 'f ll t'- 5'; ,') (.;. i, t. '.,.. \, \ 20 oCI 45 I Ii i'.5 ORDER WP.No.201Oz of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @