r APHC010256052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ^ A ■ I ft:XfJ ; ■?! /' -r/ WEDNESDAY,THE NINTH DAY OF JULY ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12737 OF 2024 Between: Ganivada Sivasubramanyam, S/o. Surayachandrarao, aged 32 R/o. D.No.52, Medicharla, Visakhapatnam, Andhra Pradesh - 531 034. years, ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, A.P. Secretariat, Velagapudi, Amaravati, Guntur District 2. The Inspector of Police, Cyber Crime Police Station, Kutchery Chowk, Ranchi, Jharkhand - 834 001. 3. The Circle Inspector of Police, Cyber Crime Cell, Crime Branch Nagar, Tirupati, Andhra Pradesh. 4. The State Bank of India, Rep. by its Branch Manager, Medicherla (V And P), K. Kotapadu, Chodavaram 531 034. , Tata R/o. 2-40, Visakhapatnam - ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction, especially one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the Respondent in freezing the petitioners Savings Account vide Account No.00000033285580398 of State Bank of India, K. Kotapadu Branch on the instructions of the Respondent Police Authorities, especially Respondents No.2 and No.3, without giving any notice to the petitioner, without following the procedure contemplated under Section 102(3) of Criminal Procedure Code and without there being any reason to do so, as illegal, arbitrary, colourable exercise of power, without any jurisdiction, in violation of principles of natural justice, in violation of Criminal Procedure Code and in violation of Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent Authorities to de-freeze/un-freeze the petitioners said Bank Account and allow him to utilize the same for his day-to-day transactions. lA NO: 1 OF 2024 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 direct the Respondent Bank Authorities, especially Respondent No 4 freeze/un-freeze the to de- vide Account petitioner’s Savings Account No.00000033285580398 of State Bank of India, K. Kotapadu Branch at least to the extent of undisputed money and allow him to utilize the same for his day- to-day transactions by holding back the disputed money, if any, pending disposal of the main writ petition. Counsel for the Petitioner: ANCHA PANDURANGA RAO Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent N0.4: SRI S SATYANARAYANA MURTHY The Court made the following order: 1 HNJ W.P.No.l2737_2024 APHC010256052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12737/2024 Between: S/0. SURAYACHANDRARAO 1 GANIVADA SIVASUBRAMANYAM, .-.k./mv/. AGED 32 YEARS, R/0. D.N0.52. MEDICHARLA, VISAKHAPATNAM ANDHRA PRADESH - 531 034. ...PETITIONER AND ITS PRINCIPAL SECRETARY, VELAGAPUDl, 1 THE STATE OF AP, REP. BY DEPARTMENT OF HOME, A.P. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT 2.THE INSPECTOR OF POLICE CYBER CRIME POLICE STATION, KUTCHERY CHOWK, RANCHI, JHARKHAND - 834 00 . 3 THE CIRCLE INSPECTOR OF POLICE, CYBER CRIME CELL, CRIME BRANCH, TATA NAGAR, TIRUPATI, ANDHRA PRADESH. BY ITS BRANCH MANAGER K. KOTAPADU, CHODAVARAM 4 THE STATE BANK OF INDIA, REP ’ R/0. 2-40, MEDICHERLA (V AND P), VISAKHAPATNAM - 531 034. ...RESPONDENT(S): Constitution of India praying that in the Petition under Article 226 of the . ^ circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue an order or direction, especially one in the ^ MANDAMUS declaring the highhanded action of the Savings Account vide Account nature of WRIT OF freezing the petitioners Respondent in 2 HiM, i W.P.No.l2737_2024 No.00000033285580398 of State Bank of India, K. Kotapadu Branch on the instructions of the Respondent Police Authorities, especially Respondents No.2 and No.3, without giving any notice to the petitioner, without following the procedure contemplated under Section 102(3) of Criminal Procedure Code and without there being any reason to do so, as illegal, arbitrary, colourable exercise of power, without any jurisdiction, in violation of principles of natural justice, in violation of Criminal Procedure Code and in violation of Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent Authorities to de-freeze/un-freeze the petitioners said Bank Account and allow him to utilize the same for his day-to-day transactions and to pass lA NO: 1 OF 2024 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 may be pleased to direct the Responde-iit Bank Authorities, especially Respondent No 4, to dO-freeze/un-freeze the petitioner’s Savings Account vide Account No.00000033285580398 of State Bank of India, K. Kotapadu Branch at least to the extent of undisputed money and allow him to utilize the same for his day- to-day transactions by holding back the-disputed money, if any, pending disposal of the main writ petition and to pass Counsel for the Petitioner: 1. ANCHA PANDURANGA RAO Counsel for the Respondent{S): 1.GP FOR HOME iu 3 HN,J W.P.No.12737 2024 The Court made the following Order: 1. The learned counsel for the petitioner submits that the petitioner is an Engineer graduate and is employed in a private company. 2. It is submitted that the petitioner received an SMS to his mobile phone informing him that the bank account of the petitioner with the 4*^ respondent has been put on hold on account of a requisition from the Cyber Cell. 3. The learned Assistant Government Pleader appearing for the respondents, on instructions, submits that an amount of Rs.30,000/- was credited to the account of the petitioner on 21.02.2024, and as such, the account was directed to be frozen and has been kept on hold. 4. Considering • the instructions received by the learned Assistant Government Pleader, and also taking into consideration that an amount of Rs.30,000/- was received by the petitioner, which is a disputed transaction, the 4^^ respondent is directed to partially defreeze the account of the petitioner by continuing to retain a lien on the Rs.30,000/-, the disputed amount, pending further instructions from the Investigating Officer. 5. Accordingly, this writ petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- N NAGAMWSA J assistant registrar i SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary Velagapudi, Amaravati, Guntur District Department of Home, A.P. Secretariat, 2. The Inspector of Police, Cyber Crime Police Station, Kutchery Chowk, Ranchi, Jharkhand - 834 001. The Circle Inspector of Police, Cyber Crime Cell, Crime Branch, Tata Nagar, Tirupati, Andhra Pradesh. The Branch Manager, R/o. 2-40, Medicherla (V And P), K. Kotapadu, Chodavaram, State Bank of India, Visakhapatnam - 531 034. One CC to Sri. Ancha panduranga rao Advocate [OPUC] Two CCs to GP For Home, High Court of Andhra Pradesh [OUT] One CC to Sri Satyanarayana Murthy, Advocate [OPUC]. Two CD Copies. 3. 4. 5. 6. 7. 8. HIGH COURT DATED:09/07/2025 ORDER WP NO. 12737 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS