The High Court · 2025

THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO:214O20F 2025 Between: 1 2 A. Namitha, Wo. Addanki Nagaraju' Aged abo-ut 37 vears' R/o H No 27B' Dwaraka Residencv, vr.;;illY;;;';' KP"HB' Kulkatpallv Medchal-Malkajgirt District. Addanki Nagaraiu, S/o. Sreerama Chandra Myrthy' Aoed about 40 years' occ Software freelancer, i#;';i ilt;;8"dwaratta ftesid'encv' Vasant Nagar' XFiia, kijii"tpallv, Medchal-Malkajsiri District .....PETITIONERS AND

1. The State of Telangana, Rep by the Principal Secretary' Home Department' " T- Secretariat Buildings, Hyderabad'

2. The Station House Officer, Madhapur PS' Cyberabad' 3. The Development Bank of Singapore, Rep by its Manager' Somajiguda Branch.

4. N. Naqarani, Wo. N. Nagaraju,-Occ ASI of Police Madhapur PS' Serilirigampally, Ranag Reddy Drstrrct' .....RESPONDENTS 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 an appropriate writ or order or direction more particular in the nature of Writ of Mandamus declaring the action of 3rd Respondent in freezing the bank accounts of the Petitioners bearing A/c No 881038028236 and 881029936960 as being illegal, arbitrary' an abuse of process of law and in violationofArt.l4'lgand2loftheConstitutionoflndiaandissueconsequential directions to direct the 3rd Respoldent to de-freeze the A/c No BB1038028236 and 88 1029936g60 herd by the petitioners in the Respondent Bank for operation of account. I.A.No: 1 0F 202s Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 3rd Respondent to de-freeze the Bank Account of the petitioner bearing tuc. No.88't 038 028236 and 881 029936960. Counsel for the petitioners : SRI K.V.R.PRASAD Counsel for the Respondent Nos.1 & 2 : Gp FOR HOME Counsel for the Respondent No.3 : _ Counset for the Respondent No.4^: Ms. LAEEe UNNISA BEGUM The Court at the stage of admission made the following ORDER + r + *- 4 t * t i t ) t t * '- :7 THE HON'BLE SRI JUSTTCE T. VINOD KUMAR w titi n of 20 5 ORDER Heardlearnedcounselforthepetitioners,learnedGovernment Pieader for Home appearing for respondent Nos'l and 2' and Ms'Laeeq unnisa Begum, learned counsel appearing for respondent No'4 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 Court is of the view that notice to unofficial respondent No'3 is not necessary for adjudication of the Present Writ Petition'

3. Shorn of unnecessary details, the case of the petitioners' in brief is thatbasedonthecommunication/intimationofthe2ndrespondent'the3'd respondent herein has freezed the bank account of the petitioners purported to be in connection with Crime No'6 of 2025 dt'0}01.2025 without issuing any notice to the petitioners, even though they are not arrayed as accused in the aforesaid crime' which action of the respondents-authorities it is contended as highly illegal' arbitrary' abuse of process of law and in violation of Articles 14' 19 and 21 of the Constitution of India, with a consequential direction to the respondents-authorities to defreeze the petitioners' bank account held with the 3'd respondent' 2 !- \'1

4. Per contra,learned counsel appearing on behalf of respondent No.4 would submit that it is the 4h respondent who had approached the 2nd respondent authority and lodged a complaint against the 2nd petitioner herein and based on the aforesaid complaint, the authorities have registered a case, vide Crime No.6 of 2025 on the fire of the 2nd respondent.

5. Learned Government pleader for Home appearing for respondent Nos'1 and 2 wourd submit that he respondents-authorities in the course of investigation into crime No.6 0f 2025 having found monetary transactions between the 2nd petitioner/accused and the ls petitioner herein have issued intimation to freeze the account of the petitioners and have submitted intimation before the concerned Magistrate of freezing the account of the petitioners and as such the petitioners have to approach the concerned Magistrate under section 451 cr.p.c. = 497 0.BNSS for de- freezement of their account and for the said reason cannot maintain the present Writ petition. 6 I have taken note of the respective contentions urged.

7. A coordinate Bench of this Court by order dt.05.07.2021 in W.P.No.96B9 of 2020 had noted that the Investigating Officer has power to seize the bank account of the accused in a criminal case, and observed that the petitioners are having arternate remedy of firing apprication under ---7 \ro \ I * I + Section 451 Cr.P.C., before the Court having jurisdiction seeking de-freezement oF account and granted liberty to the petitioner therein to file application before the concerned Coutt/Magistrate. B. The said order of Coordinate Bench of this Court was followed by this Court in W.P.No.8BB6 of 2025.

9. Since, in the facts of the present case also as the petitioners seek de-freezement of their account, which has been freezed on the basis of the requisition of the 2nd respondent authority in connection with Crime No.6 of 2025 and the same having been reported before the concerned jurisdictional Magistrate i.e. X Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, this Court is of the view that the petitioners should be relegated to avail the remedy provided under Section 497 of BNSS seeking de-freezement of their account.

10. Granting liberty as noted hereinabove, the Writ Petition is disposed of. No order as to costs. 1 1. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/.B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER '" 1. The principal secretary, Home Department, T- Secretariat Buildings, state of Telangana at HYderabad. z ii" Sirti"n Hoise Officer, Madhapur-PS' Cyberabad 5 ii;; M;;;ser, Developmehi e;nt bt singap6re, pgmaliggdg Branch +. i*" ccr tt GP FoR i-totrlle, Higr, Court for the State of Telangana at s Oi,e-Cbio SRI K.V R PRASAD, Advocate [OPUC] 6. O;; CC i; Mt. LereO UNNISA BEGUM, Advocate (oPUC) 7. Two CD CoPies Hvderabad [OUT] . SA BS 1 l ltE S14 ( c, \ ,) .2, + 0 4 AU6 2025 1)i.. '1i(l E + * t I HIGH COURT DATED:2 4tOTt2O2S ORDER WP.No.21402 of 2O2S DISPOSING OF THE W.P WTHOUT COSTS. €9cq"t" v-q-\4r