✦ High Court of India · 13 Feb 2025

High Court · 2025

Case Details High Court of India · 13 Feb 2025
Court
High Court of India
Decided
13 Feb 2025
Bench
Not available
Length
1,144 words

4. Union of lndia, Rep by Secretary, Ministry of Finance, New Delhi. 5. The Securities and Exchange Board of lndia, Rep by its Regional Office at 8- 2-622151N1, First Floor, Road No.10, Avenue Fort, Banjara Hills. Hyderabad- 34.

6. Central Depository Services (lndia) Limited, Rep by its Regional Office at 101, lmperial Tower, Opp. Ameerpet Metro Station, Ameerpet, Hyderabad - 500082 7 . Zerodha, Rep by its Chief Executive Officer, 'l 53/154, 4th Cross, J'P. Nagar, lV Phase, Bangalore 506078.

8. Smt. Mannava Amrutha (4), Gummadi Arnrutha, Wo. Mannava Hari Teia, D/o. Gummadi Satish Kumar, Aged about 29 years, Occ. Software Professional, Rlio. Plot No.303, Block-F, Lansum Etania, Narsingi, Gandipet Mandal, R.R. District - 500 089. ...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, Order or direction more-particularly one in the nature of Writ of Mandamus declaring the action of 3RD Respondent in addressing a letter to 7th Respondent to freeze Petitioner's Demat Account bearing No.'1208'160026484324 (lD A16186) in connection with Cr.No.'1032i2023 communicated to me on 26.1O.2023 by SMS on his mobile 9004262703 as being arbitrary, illegal and voilative of Articles 14, 19 (1) (d), 21 and 300-4 of Constitution of lndia apart from being voilative of Sec.91 and 102 of Cr. P.0 and consequently set aside the communication sent to the Petitioner on 26.10.2023 at the instance of the 3rd Respondent by Bth Respondent lA NO: 1 OF 2023 Peiition 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 SUSPEND the letter sent by Respondents 3 to 7 at the instance of BrH Respondent to freeze Petitioners Demat Account bearing No.1.208160026484A24 (lD AL6186) in connection with Cr.No.103212023 communicated to the petitioner on 26.10.2O23 by SMS on my mobile 9004262703 Counsel for the Petitioner: SRl. VIJAY B PAROPAKARI Counsel for the Respondent Nos.1 TO 3: AGP FOR HOME Counsel for the Respondent Nos.4 to 6: SRI GADI PRAVEEN KUMAR DY. SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.7: -- Counsel for the Respondent NO.8: Ms. G. KIRANMAI The Court made the following: ORDER THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No3r063 OE2023 ORDER: (ORAL) This writ petition is filed by the petitioner seeking the following reliefl "... to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 3d Respondent in addressing a letter to 7th Respondent to freeze Petitioner's Demat Account bearing No. 1208160026484324 (lD AL6186) in connection with Cr.No.l03 212023 communicated to me on

26.10.2023 by SMS on his mobile 9004262703 as being arbitrary, illegal and voilative of Articles 14, 19(lxd), 21 and 3004 of Constitution of India apart from being violative ofSec. 91 and 102 of Cr.P.C. and consequently set aside the communication sent 'to the Petitioner on 26.10.2023 at the instance of the 3d Respondent by 8th Respondent and pass ..."

2. Heard Mr. Vijay B. Paropakari, learned counsel for the petitioner, Ms. G. Kiranmai, learned counsel for respondent No.S, leamed Assistant Govemment Pleader for Home, for respondent Nos.1 to 3 and Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India, for respondent Nos.4 to 6. 2

3. Learned counsel for the petitioner submitted that during the pendency of the writ petition, the parties have ami6afly settled the matter and the same is not disputed by leamed counsel for respondent No.8.

4. Learned counsel for respondent No.8 submitted that initially counter has been filed opposing the writ petition. However, as the parties have settled the matter additional counter affidavit has been ftled vide U.S.R. No.14656 of 2025 dated

11.02.2025, u.herein, it is stated that parties have filed memo of compromise in D.V.C. No.57 of 2023 before the leamed XIII Additional Metropolitan Magistrate, Rajendranagar, in F.C.O.p. No. 1536 of 2023 before the learned Additional Family Court, Ranga Reddy District, and also in the quash petition filed by the petitioner before this Court in Crl.P. No.l838 of 2025, where, this Courl has ret-erred the parties to High Court Legal Services Committee for recording compromise. Learned counsel submitted that the claim of respondent No.8 is fully and finally settled and the writ petition may be allowed. 3

5. In view of the above, recording the aforesaid submissions of the leamed counsel, the writ petition is allowed setting aside the letter addressed by respondent No.3 to respondent No.7 for freezing the demat account of the petitioner bearing No.1208160026484324 in connection with Crime No.1032 of 2023 of Narsingi Police Station. Consequently, respondent No.3 shall forthwith direct the concerned to defreeze the demat account of the petitioner, within a period of one (l) week from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed //TRUE COPY// SD/.N. SRIHARI TANT REGISTRAR ECTJON OFFICER

1. The Pd. Secretary (Home), Secretariat, Hyderabad. 2. The Commissioner of Police, Cyberabad Commissionerate, Gachibowli, r) erabad. istry of nd Exc Finance, New Delhi. hange Board of lndia, at B-2- 622151N1 , First Floor, Road No.10, Aven ue Fort, Banjara Hills. Hyderabad-34 Hvd The Station Ho use Officer, Narsingi Police Station. Gandipet Mangal, Ranga Red dy Se District 4. The cretary,Union of lndia, Min 5. The Regional Office , Securities a 6. The Regional Office Central Depository Services (l ndia) Limited, at 101, lmperial Tower, Opp. Ameerpet Metro Station, Ameerpet, Hyderabad - 500082 7. The Chief Executive Officer, Zerodha, 1S3l1S4,4th Cross, J.p. Nagar, lV B. One CC to SRl. VIJAY B PAROPAKART Advocate tOpUCl 9. One CC to Ms. c. KIRANMAI Advocate IOPUCI '10.One CC to Sri Gadi Prav_een Kumar, Depuly Solicitor General of India [OpUC] 11. Two CCs to GP FOR HOfvtE ,High Court fcir the State of Telangana. [OUT] 12.Two CD Copies Phase, Bangalore 506078. t To, KKS BS^ b HIGH COURT DATED:'t 310212025 ORDER WP.No.31063 of 2023 e 1HE Sf. I(.- 01 2i2i 1l\ F I \ 7 t ),, \..\ t ALLOWING THE WRIT PETITION WITHOUT COSTS Glf \\ 7 L{

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