APHC010330122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i TUESDAY,THE EIGHTH DAY OF JULY - TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16551 OF 2025 Between: L AND T FINANCE LIMITED, Rep by its Authorised Person Mr. G. Mahesh Kumar S/o. Mr. G. Narsimhulu, Age 34 Years, Occ Divisional Legal Manager at L and T Finance Having its reg. office at Brindavan, Plot No. 177, CST Road Kalina, Santacruz, (East) Mumbai- 400 098. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi - 522 238. The Commissioner of Police, Cyber Crime Police Station, Office of the Superintendent of Police, Eluru- 534 001. cybermitraspwg@ap.gov.in The Sub-Inspector of Police, Cyber Crime, Eluru I Town Circle, Eluru- 534 001. Standard Chartered Bank, Corporate, Commercial and Institutional Banking, 4‘^ Floor, 19 Rajaji Salai, Chennai- 600 001. 2. Email 3. 4. ...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 a writ or order or direction one more specifically in the nature of Writ of Mandamus thereby declaring the actions of the Respondent Nos.2 to Sin freezing the petitioner bank account with Standard Chartered Bank, bearing account number 22205478278 with IFSC code SCBL0036085 vide email communication dated 13.06.2025 issued by the Respondent No.2 and 3 to the Respondent No.4 as arbitrary, illegal, contrary to the law and not only violation of principles of natural justice but also infringing upon the fundamental rights of the petitioner as envisaged under Article 14 and 19 of Constitution of India and consequently, quashing the email dated 13.06.2025 issued by the Respondent No.2 and 3 and thereby directing Respondent No.4 to defreeze the account of the Petitioner. 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 email communication dated 18.06.2025 issued by Respondent Nos.2 and 3 to Respondent No.4and consequently permit the petitioner to operate the Account No. 22205478278 with IFSC CODE SCBL0036085 pending disposal of the above writ petition. Counsel for the Petitioner: SRI VV S N RAJU Counsel for the Respondents: GP FOR HOME The Court made the following order: APHC010330122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16551/2025 Between: 1.L AND T FINANCE LIMITED, REP BY ITS AUTHORISED PERSON MR. G. MAHESH KUMAR S/0. MR. G. NARSIMHULU, AGE 34 YEARS, OCC DIVISIONAL LEGAL MANAGER AT L AND T FINANCE HAVING ITS REG. OFFICE AT BRINDAVAN, PLOT NO. 177, CST ROAD KALINA, SANTACRUZ, (EAST) MUMBAI- 400 098. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, , HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI - 522 238. 2.THE COMMISSIONER OF POLICE, CYBER CRIME POLICE STATION, OFFICE OF THE SUPERINTENDENT OF POLICE ELURU- 534 001. EMAIL CYBERMITRASPWG@AP.GOV.IN 3.THE SUBINSPECTOROF POLICE, CYBER CRIME, ELURU I TOWN CIRCLE, ELURU- 534 001. 4. STANDARD CORPORATE, BANK, COMMERCIAL AND INSTITUTIONAL BANKING, 4TH FLOOR, 19 RAJAJI SALAI, CHENNAI- 600 001. CHARTERED ...RESPONDENT(S): 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 topleased to issue a writ or order or direction one more specifically in the nature of Writ of Mandamus thereby declaring the actions of the Respondent Nos.2 to Sin freezing the petitioner bank account with Standard Chartered Bank, bearing account number 22205478278 with IFSC code SCBL0036085 vide* email communication dated 13.06.2025 issued by the Respondent No.2and 3to the Respondent No.4 as arbitrary, illegal, contrary to the law and not only violation of principles of natural justice but also infringing upon the fundamental rights of the petitioner as envisaged under Article 14 and 19 of Constitution of India and consequently, quashing the email dated 13.06.2025 issued by the Respondent II2II WP.No.16551 of 2025 No.2and 3 and thereby directing Respondent No.4 to defreeze the ‘ account of the Petitioner and to pass 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 pleased to suspend the email communication dated 18.06.2025 issued by Respondent Nos.2 and 3 to Respondent Noland consequently permit the petitioner to operate the Account No. 2^05478278 with IFSC CODE SCBL0036085 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.VVS N RAJU Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: WP.No.16551 of 2025 THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION No.16551 OF 2025 ORDER: 1. The petitioner is aggrieved by the action of respondent Nos.2 and 3 in freezing the petitioner’s bank account with the 3'’'^ respondent vide communication dated 13.06.2025. A direction to defreeze the account is sought for in the writ petition. 2. The learned counsel for the petitioner submits that the petitioner is a reputed Finance Company and is in the presence of' extending retail loans, personal loans, home loans, corporate loans, agricultural loans and infrastructure loans etc.. The petitioner company has an account with the 4“^ respondent and as on 01.07.2025 an amount of Rs.14,52,73,673.76/- is the balance in the petitioner’s bank account. 3. The respondent Nos.2 and 3 have addressed an e-mail to the 4*^ respondent to mark debit freeze on the account of the petitioner. It is submitted by the learned counsel for the petitioner that the petitioner has a customer base about 2.5 crore individuals. It is also submitted that the reason for debit freezing the account of the petitioner is that some customers who are involved in commission of some online fraud or connected with commission UAH WP.No. 16551 of 2025 of such frauds had paid amounts to the account of the petitioner. On a suspicion that the account of the petitioner/company was misused by the online fraudsters, the letter directing debit freeze of the petitioner’s account was issued. 4. It is submitted that the amounts which were credited to the account of the petitioner were towards repayment of the equated monthly installments and one such reference is with respect to payment of an amount of Rs.3650/- towards repayment of the monthly installment by one of its customer. 5. It is submitted that repayment of EMI for the loan obtained by the petitioner s customers cannot involve the petitioner’s account or link up the account of the petitioner to the said fraud and seek for debit freezing the account of the petitioner! 6. The learned Assistant Government Pleader appearing for the state that the police have received as many 604 complaints and the account of the petitioner is reflecting in the transactions committed by the accused. As such, for the purpose of investigation the respondent Nos.2 and 3 are sought for debit freezing the account of the petitioner’s company. WP.No.16551 of 2025 ' » 7. Heard the ledrned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.2 and 3. Perused the material on record. 8. Considering the nature of business of the petitioner and also considering the customer base of the petitioner’s company, any amount credited to the account of the petitioner/company towards repayment of the equated monthly installment for the loan obtained by the customers cannot link up the account of the petitioner to the online fraud. 9. The transactions which were conducted by the accused involved in online fraud and all related accounts to which they have transacted may not be directly related or connected with the fraud. Payment of repayment of Equated Monthly Installment (EMI) to the finance company is a part of the contractual obligation fastened on account of entering into a loan account agreement by the customer(s). 10. Considering these factors, this Court is of the considered view that the debit freeze of the petitioner’s account need not be continued any further and in the event the investigating officer requires details of any particular transaction, the said details can be called for from the petitioner’s company. WP.No.16551 of 2025 % 11. Accordingly, writ petition is allowed, directing the respondent Nos.2 and 3 to forthwith communicate to the 4*^ respondent to defreeze the account of the petitioner and it is left open for the respondent Nos.2 and 3 to call upon the petitioner and furnish any details relating to any suspected transaction. There shall be no order as to costs. Miscellaneous petitions, if any, pendimaishall stand closed. Sd/- A. VIJAVA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi - 522 238. 2. The Commissioner of Police, Cyber Crime Police Station, Office of the Eluru- 534 001. Email Superintendent of Police cvbermitrasDwa@ap.qov.in (By Speed Post) 3. The Sub-Inspector of Police, Cyber Crime, Eluru I Town Circle, Eluru- 534 001. (By Speed Post) 4. The Standard Chartered Bank, Corporate, Commercial and Institutional Banking, 4*^ Floor, 19 Rajaji Salai, Chennai- 600 001. ^'5. One CC to Sri VV S N Raju, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CD Copies RAM JT HIGH COURT DATED:08/07/2025 ORDER WP NO. 16551 OF 2025 ^ 16JUL 2025 )g rrent Section/* ALLOWING THE WP WITHOUT COSTS