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2025 DAILYLAW 18535 (AP)

CH RAMA KRISHNA v. THE STATE OF ANDHRA PRADESH

WP/12864/2025 · 2025-05-08

Harinath N

body2025

Judgment text

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L • IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12864 OF 2025 1 ! t Between: Ch. Rama Krishna, S/o. Basavaiah, aged about 51 years, R/o. NarasaiahAgraharam, Bhimavaram-534201. ...PETITIONER AND 1. The State of A.P., rep. by its PrI. Secretary, Home Dept., Secretariat, Velagapudi, Amaravathi. 2. Ainavilli Police Station through S.H.O., Ainavilli-533211, Dr.Ambedkar Konaseema District. 3. Costal Local Areal Bank Ltd., rep. by its Branch Manager, Gandhinagar, BhimavaraM-534202. ...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 writ, order or direction more particularly one in the nature of writ of Mandamus directing to De-freeze the A/c No.96003602679 lying with the Respondent No.3 declaring their in-action as illegal and violative of Articles 14, 21 and 300-A of the Constitution of India. 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 de-freeze the A/c No.96003602679 lying with the Respondent No.3 pending W.P. u V Counsel for the Petitioner: SRI V. SATYANARAYANA PRASAD Counsel for the Respondent Nos.1 & 2: GP FOR HOME CoUhsel for the Respondent No.3:— The Court made the following: ORDER 1 W.P. No.12864 of 2025 APHC010257042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY JHE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12864/2025 Between: ...PETITIONER Ch Rama Krishna AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner: 1 .VAJJHALA SATYANARAYANA PRASAD Counsel for the Respondent: 1.GP FOR HOME The Court made the following: 2 W.P. No.12864 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.12864 of 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the Home Department. 2. The learned counsel for the petitioner submits that the petitioner is a third party to Crime No.91 of 2020. The accused in the Crime had filed W.P. No.23362 of 2020 before this Court, wherein a Coordinate Bench of this Court, vide order dated 05.12.2022, had quashed the proceedings against the accused in Crime No.91 of 2020, however, it left it open for the respondents therein to recover money, which, according to them, was in possession of the accused/petitioners therein. 3. The learned counsel for the petitioner submits that the petitioner is a stranger to the crime No.90 of 2020 and neither the petitioner nor the party respondent in W.P. No.23362 of 2020. However, the 2"'* respondent addressed a letter, dated 27.06.2020, to the Bank authorities to freeze the bank account of the petitioner. Based on the said letter, the bank account was frozen. 4. The learned Government Pleader for the Home Department submits that the petitioner has not made any representation to the 2 respondent and has straight away filed the present writ petition. nd 3 X W.P. No.12864 of 2025 Admittedly, since Crime No.91 of 2020 is not pending on the file of the 2"’'* respondent, any order of freezing of an account of the petitioner in pursuance of the said crime would have to be considered irrational and illegal. 5. 6. Considering the submissions that this Court had quashed the proceedings in Crime No,91 of 2020, this Court deems it appropriate to dispose of the writ petition with a direction to the 3'"^ respondent to permit the petitioner to operate his bank account forthwith. With the above direction, the writ petition is allowed. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. 7. 8. Sd/- M SRINIVA5 ASSISTANT REGISTRAR //TRUE COPY// S OFFICER To, 1. The PrI. Secretary, Home Dept., State of A.P., Secretariat, Velagapudi Amaravathi. 2. The S.H.O, Ainavilli Police Station, Ainavilli-533211, Dr.Ambedkar Konaseema District. 3. The Branch Manager, Costal Local Areal Bank Ltd., Gandhinagar, Bhimavaram-534202. 4. One CC to Sri V. Satyanarayana Prasad, Advocate [OPUO 5. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT 6. Three CD Copies. ssb HIGH COURT DATED:09/05/2025 ORDER WP.No.12864 of 2025 of .o o 0 5 207.5 m ■£ <0 -4- ^ , Curreni Secuon ^ ALLOWING THE W.P. WITHOUT COSTS