7 N THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NOS: 11986 & 11987 OF 2025 WRIT PETITION NO: 11986 OF 2025 Between: Resource One It Solutions India Private Limited, Plot No 26 & 27, D/o No. 7- 66/2/26 and 27 4th floor, Prashanth Hills, Khajaguda Road, Hyderabad Telangana - 500 008. Represented by its Authorised Signatory Mr.Prateek Gangula. ...PETITIONER AND 1. State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Room No. 144, A.P.Secretariat. Office, Velagapudi, Amravati, Andhra Pradesh-522503 2. Addl. Superintendent of Police, Investigating Officer, Special Investigation Team, SIT, Vijayawada 3. Axis Bank, Vijayawada, NTR District, Andhra Pradesh Represented by its Branch Manager. 4. Axis Bank, Jubilee Hills Branch H.N0.8-2-293/82/J-III/19, Plot No. 19-111, Road No.71, 0pp. Bharatiya Vidhya Bhavan Public School, Jubilee Hills, Hyderabad 500 034 Represented by its Branch Manager ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a order, direction or a writ, more particularly one in the nature of Writ of Mandamus (a) declaring the Impugned Notice dated may 28.04.2025 issued to Respondent No.3 Petitioners bank accounts - having-IFSC Code and the consequent freezing of the (i) Account bearing No. 912020001869415 - UTIB0000030 and (ii) Account bearing 918^2009,3483603 having IFSC Code respectively No. - UTIB0000030by Respondent No. 4 as being illegal, arbitrary and unconstitutional, consequently set aside the Impugned Notice dated 28.04.2025 issued to Respondent No.3, and direct the Respondents Petitioners bank accounts - and to de-freeze of the ((i) Account bearing No. 912020001869415 having IFSC Code - UTIB0000030 and (ii) Account bearing - UTIB0000030and (b) Direct No. 918020093483603 having IFSC Code Respondents No.1 and 2 to pay compensation of Rs. 10,00,000/- for issuing such illegal and arbitrary impugned notices. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Impugned Notices dated praying that in the circumstances 28.04.2025 issued by Respondent No. 2 thereby direct Respondents to de-freeze the Petitioner’s bank accounts (i) Account bearing No. 912020001869415 Code having IFSC UTIB0000030 and (ii) Account bearing No. 918020093483603 having IFSC Code - UTIB0000030. Counsel for the Petitioner: SRI D S SIVADARSHAN Counsel for the Respondent No. 1: GP FOR HOME Counsel for the Respondent No.2: PUBLIC PROSECUTOR Counsel for the Respondent Nos. 3 & 4: , iv WRIT PETITION NO: 11987 OF 2025 Between: DCART Logistics Private Limited, 6-15-LIG265, Alipri Road, Housing Board Colony, Tirupathi (Rural), Chittor, Tirupathi - 517501. Represented by its Authorised Signatory, Shashank Reddy Vinta. ...PETITIONER AND 1. State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Room No. 144, A.P.Secretariat. Office, Velagapudi, Amravati, Andhra Pradesh-522503 2. Addl. Superintendent of Police, Investigating Officer, Special Investigation Team, SIT, Vijayawada 3. HDFCBank, Vijayawada, NTR District, Andhra Pradesh Represented by its Branch Manager. 4. HDFCBank, 8-2-261, Plot No. 01, Union Bank, Employees Co-op Hos Soc, Road No.3, Banjara Hills, Hyderabad -500034. Represented by its Branch Manager 5. ICICI Bank, Vijayawada, NTR District, Andhra Pradesh Represented by its Branch Manager. 6. ICICI Bank, Panjagutta Branch, 4h Nerella House, Panjagutta, 500034. Represented by its Branch Manager ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that ih the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a order, direction or a writ, more particularly one in the nature of Writ of Mandamus (a) declaring the Impugned Notices dated 10.04.2025 issued to Respondent No.3 and Respondent No.5 and the consequent freezing of the Petitioner's bank accounts - (i) bearing account no. 50200011193553 having IFSC Code HDFC0002391, and (ii) bearing Account No- 020205004416 having IFSC Code ICIC0000202 by Respondent No. 4 and Respondent No. 6 respectively as being illegal, arbitrary and unconstitutional, and consequently set aside the Impugned Notices dated 10.04.2025 issued to Respondent No.3 and Respondent No.5, and direct the Respondents to de-freeze of the Petitioner's bank accounts - (i) bearing Account No. 50200011193553 having IFSC Code FIDFC0002391 and (ii) bearing Account No- 020205004416 having IFSC Code ICIC0000202 and (b) Direct Respondents No.1 and 2 to pay compensation of Rs. 10,00,000/- for issuing such illegal and arbitrary impugned notices. 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 suspend the Impugned Notices dated 10.04.2025 issued by Respondent No. 2 thereby direct Respondents to de-freeze the Petitioner’s bank accounts (i) bearing Account No. 50200011193553 having IFSC Code HDFC0002391 and (ii) bearing Account No- 020205004416 having IFSC Code ICIC0000202. Counsel for the Petitioner: SRI D S SIVADARSHAN Counsel for the Respondent No. 1: GP FOR HOME Counsel for the Respondent No.2: PUBLIC PROSECUTOR Counsel for the Respondent Nos. 3 to 6: -— The Court made the following: COMMON ORDER APHC010240892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N [3457] WRIT PETITION Nos: 11986 and 11987 2025 WP.No.11986 of 2025 Between; Resource One It Solutions India Private Limited AND State Of Andhra Pradesh and Others Counsel for the Petitioner: D S SIVADARSHAN Counsel for the Respondent(S): GP FOR HOME ...PETITIONER ...RESPONDENT(S) WP.No.11987/2025 Between; Dcart Logistics Private Limited ...PETITIONER AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. D S SIVADARSHAN Counsel for the Respondent(S): 1.GP FOR HOME fix -2- THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION Nos.11986 and 11987 of 2025 COMMON ORDER : 1. The petitioner in WP.No.11986 of 2025 is challenging the impugned notice dated 28.04.2025 and the petitioner in WP.No. 11987 of 2025 is challenging the impugned notice dated 10.04.2025. In both the writ petitions, the respondent/banks have been issued notices under Section 106 of BNSS. The said notices would referred to Crime No.21 of 2024, which was registered for the alleged offence under Sections420, 419 and 120-BoflPC. 2. The learned senior counsel appearing for the petitioners impugned notices are devoid of any details and that communication was addressed to the banks for freezing the accounts. It is submitted that the petitioners are unconnected with the commission of alleged offences registered vide Crime No.21 of 2024. 3. It is submitted that the petitioners are going concerns with recurring expenditure towards the salaries and expenses towards the day to day operations. By virtue of the impugned proceedings the petitioners business is coming to a grinding halt and the petitioners are exposed to penal consequences for non- -3- payment of statutory dues to the GST Department and other statutory tax authorities. It is also submitted that the petitioners are required to disburse salaries to the staff apart from meeting the other operational expenditure for running the companies. It is submitted that the order of freezing of the bank account belonging to the petitioners is without merits and without any reasons assigned. 4. The learned senior counsel for the petitioners further draws the attention of the Court the recitals in Crime No.21 of 2024, wherein it is stated that the investigating officer is investigating with regard to the alleged irregularities which happened in Andhra Pradesh State Beverages Corporation Limited between the petitioner October, 2019 to March, 2024. It is submitted that the petitioners are registered companies and are carrying out legitimate business having been incorporated more than ten years ago. 5. The learned senior counsel appearing for the State submits that a detailed counter is filed and that the petitioners have an effective and alternative remedy by approaching the competent Magistrate Court by filing a petition under Section 457 of Cr.PC, seeking de-freezing of the account(s) is available to the petitioners. It is submitted that the petitioners have straight away -4- approached this Court and filed the present writ petitions. It is also stated in the counter that the 2'^'^ respondent is investigating a sensational case and that the amounts were transferred to the account(s) of the petitioners. 6. Heard the learned senior counsel for the petitioner and the learned senior counsel for the State. Perused the material on record. 7. No reasons are assigned either in the impugned proceedings for freezing the accounts of the petitioners or no reasons are stated in the counter which warranted issuance of the impugned proceedings. The role of the petitioners in commission of the alleged offences in Crime No.21 of 2024 is also not detailed in the counter. The respondents in the counter have stated various aspects relating to the case and the investigation. It is also Section 106 of BNSS would entitled the 2"^^ respondent to freeze the account(s) of the petitioners. It is also stated in the counter that the writ petitioners in WP.No.11987 of 2025 is arraigned as accused No.16 in Crime No.21 of 2024. It is also stated in the counter that petitioner in WP.No.11986 of 2025 has transferred amounts to the accused companies without any business relations and that several suspicious transactions are stated that under investigation. -5- 8. The impugned notices would scuttled the operations of the petitioners companies and as stated by the petitioners they are required to meet the day to day operational expenditure, pay the statutory tax dues apart from disbursing salaries to the employees. Further, continuation of the debit freeze of the petitioners account(s) would only result in default in paying the statutory dues and meeting the other expenditure which would ultimately land the petitioners before the NCLT under the provisions of Insolvency and Bankruptcy Code. As no valid no reasons are assigned for issuing the impugned notices, this Court is in considered of the view that the impugned proceedings deserves to be set aside. 9. Accordingly, the writ petitions are allowed. Miscellaneous petitions, if any, pending in this cji^e, shall stand closed. Sd/- U.SR5 DEVI EGISTRAR SE^^N OFFICER //TRUE COPY// ASSISTAN To, 1. The Principal Secretary, Home Department, Room No. 144, A.P.Secretariat. Office, Velagapudi, Amravati, Andhra Pradesh-522503 2. The Addl. Superintendent of Police, Investigating Officer, Special Investigation Team, SIT, Vijayawada 3. The Branch Manager, HDFC Bank, Vijayawada, NTR District, Andhra Pradesh. 4. The Branch Manager, HDFC Bank, 8-2-261, Plot No. 01, Union Bank, Employees Co-op Hos Soc, Road No.3, Banjara Hills, Hyderabad - 500034. 5. The Branch Manager, ICICI Bank, Vijayawada, NTR District, Andhra Pradesh. 6. The Branch Manager ICICI Bank, Panjagutta Branch, 4h Nerella House, Panjagutta, 500034. 7. The Branch Manager, Axis Bank, Vijayawada, NTR District, Andhra Pradesh. 8 The Branch Manager, Axis Bank, Jubilee Hills Branch H.NO.8-2- 293/82/J-III/19, Plot No.19-111, Road No.71, 0pp. Bharatiya Vidhya Bhavan Public School, Jubilee Hills, Hyderabad 500 034 Represented by its 9. One CC to Sri D S Sivadarshan, Advocate [OPUC] 10. Two CCS to GP for Home, High Court of Andhra Pradesh. [OUT] 11 Two CCs to The Public Prosecutor, High Court of Andhra Pradesh. [OUT] 12. Three CD Copies TF HIGH COURT DATED:29/05/2025 I 3 0 MAY 2025 CufTBnij)eciion ^ COMMON ORDER WP.No. 11986 & 11987 of 2025 ALLOWING THE W.P.s, WITHOUT COSTS