APHC010354712020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Bhavani Enterprises,, Rep. by its Proprietor Dasu Bhavani, C/o. Srinivasa Rao Aged about 32 years, Occ Business, R/o. 73 Vijayawada, Krishna District, Andhra Pradesh. 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The Commissioner of Police, Vijayawada City, Vijayawada. 3. The Station House Officer, Satyanarayanapuram Police Station, Vijayawada City. 4. Kotak Mahindra Bank, Rep. by its Branch Manager, D.V.Manor Branch, Vjayawada, Krishna District. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High pleased to pleased to issue order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No.3, in issuing letter dated 10/11/2020, under Section IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23594 OF 2020 1. Bhavani Enterprises,, Rep. by its Proprietor Dasu Bhavani, C/o. Srinivasa Rao Aged about 32 years, Occ Business, R/o. 73-5-18, Thotavari Street, Vijayawada, Krishna District, Andhra Pradesh. ...Petitioner AND of Andhra Pradesh, Rep. by Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Guntur District. 2. The Commissioner of Police, Vijayawada City, Vijayawada. 3. The Station House Officer, Satyanarayanapuram Police Station, Kotak Mahindra Bank, Rep. by its Branch Manager, D.V.Manor Branch, Vjayawada, Krishna District. ...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 order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No.3, in issuing letter dated 10/11/2020, under Section-91 of Cr.P.C., to the Respondent No.4 IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Bhavani Enterprises,, Rep. by its Proprietor Dasu Bhavani, C/o. Srinivasa 18, Thotavari Street, ...Petitioner of Andhra Pradesh, Rep. by Principal Secretary, Home 3. The Station House Officer, Satyanarayanapuram Police Station, Kotak Mahindra Bank, Rep. by its Branch Manager, D.V.Manor Branch, ...Respondents Petition under Article 226 of the Constitution of India praying that in the Court may be pleased to issue order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No.3, in issuing 91 of Cr.P.C., to the Respondent No.4 and freezing the bank account of the Petitioner vide bank account No.0412987777, of Kotak Mahindra Bank, D.V.Manor Branch, Vjayawada, Krishna District, as illegal, arbitrary, violation of Principles of Natural Justice and violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently set aside the said notice and restore the bank account of the Petitioner and pass IA NO: 1 OF 2020 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 pleased to suspend the operation of the letter addressed by the Respondent No.3 to the Respondent No.4, on 10/11/2020, and pass Counsel for the Petitioner: P S P SURESH KUMAR Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23594 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No.3, in issuing letter dated 10/11/2020, under Section-91 of Cr.P.C., to the Respondent No.4 and freezing the bank account of the Petitioner vide bank account No.0412987777, of Kotak Mahindra Bank, D.V.Manor Branch, Vjayawada, Krishna District, as illegal,arbitrary, violation of Principles of Natural Justice and violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently set aside the said notice and restore the bank account of the Petitioner and pass..” 2. None represented for the petitioner. 3. Learned Assistant Government Pleader for Home, on instructions, submitted that a complaint was lodged by one Lambu Bharath Chandra Sumanth alleging that certain accused persons, including one Surender Reddy, collected amounts from him by promising to arrange projects and supply books, but failed to fulfill the promise and also threatened him. On the said complaint, a case in Crime No. 527 of 2020 was registered at Satyanarayanapuram Police Station for the offences punishable under Sections 420, 323, 506 read with 34 IPC. 4. It is further submitted that during investigation, statements of five witnesses were recorded. The investigation revealed that several online transactions were made from the complainant’s account to the petitioner’s bank account bearing No. 0412987777, IFSC Code KKBK0000571, Kotak Mahindra Bank, D.V. Manor Branch, Vijayawada. Since the said account was being used by the accused in the commission of the offence, the investigating officer addressed a requisition under Section 91 Cr.P.C. to the Bank Manager to freeze the account in order to proceed further with the investigation. It is further stated that the petitioner’s account was being used by accused No.2, Surender Reddy, who had given the said account number to the complainant, thereby attracting the suspicion of the investigating agency that the original account holder was also involved in the crime. 5. In view of the above submissions, and having regard to the fact that the investigation in Crime No. 527 of 2020 is pending before the jurisdictional Magistrate, this Court is of the opinion that no further orders are required to be passed in this writ petition. 6. Accordingly, this Writ Petition is disposed of, granting liberty to the petitioner to work out his remedies before the concerned Magistrate Court where the said crime is pending, in accordance with law. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions if any, shall stands closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.09.2025. KKV 201 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23594 OF 2020 03.09.2025 KKV