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2025 DAILYLAW 12198 (AP)

YAGANTI MALLIKARJUNA RAO v. THE STATE OF ANDHRA PRADESH

WP/7638/2025 · 2025-04-02

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.7638_2025 APHC010143392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7638/2025 Between: Yaganti Mallikarjuna Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following 2 HN, J W.P.No.7638_2025 The Court made the following Order: 1. The learned counsel appearing for the petitioner submits that the petitioner is seeking a direction to the 3rd respondent to defreeze the account maintained by the petitioner with the 4th respondent. It is submitted that the petitioner has an account with the 4th respondent, which was exclusively opened for the purpose of a home loan obtained from the 4th respondent. As the petitioner was involved inCrime No.306 of 2023 under Sections 3 and 4 of the Andhra Pradesh Gaming Act, 1974,the police have frozen the bank accounts. 2. The learned counsel for the petitioner submits that the petitioner is unable to repay her home loan, which could have further implications, includingthe declaration of the home loan account as a non-performing asset. Therefore, he is seeking the defreezing of the account with the 4th respondent. 3. The learned Assistant Government Pleader appearing for the Home, on instructions,submits that the police have completed the investigation have also filed a charge sheet,a copy of which isannexed to the written instructions received by the Assistant Government Pleader.As seen from the copyof the charge sheet, an amount of Rs.6,15,903/-,lying in the account of the petitioner with the 4th respondent has already been seizedby the investigating officer. 4. The learned counsel for the petitioner submits that the home loan amount was sanctioned by the 4th respondent was credited to the account of the 3 HN, J W.P.No.7638_2025 petitioner which is now frozen by the Investigating Officer. In the event, the amount of Rs.6,15,903/- is credited to the petitioner’s account as the home loan amount by the bank, the same cannot be frozen for the purpose of the Crime No.306 of 2023. 5. Accordingly, the 4th respondent is hereby directed to permit the petitioner to operate account bearing No.318501000004050. It is made clear that the petitioner is permitted to operate the account No.318501000004050, subject to the frozen amount is credited as a home loan to the petitioner. Accordingly, the respondent Nos. 3 and 4 to take necessary steps for verification of the account and for compliance of the above directions. 6. With these observations, the Writ Petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 02.04.2025 NKA 4 HN, J W.P.No.7638_2025 120 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.7638 of 2025 Date: 02.04.2025 NKA