APHC010365012025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18683 OF 2025 Between: Arava Harikrishna Reddy, S/o. Arava Ramachandra Reddy, Aged about 41 years, Occ: Business, R/o. House No.2-70, Aravavandlapalli, Yerravaripalam Mandal, Tirupati District, Presently R/o 18, 1®* Cross, AHR Luxury PG for Gents, AET College Road, AET Junction, Bangalore, Karnata State. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat Buildings, Amaravathi, Guntur District. 2. The Superintendent of Police, Tirupati District at Tirupathi. 3. The Station House Officer, Yerravaripalem Police Station, Tirupati District. 4. The Branch Manager, ICICI Bank, Tilak Road, Tirupati Town, Tirupati 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 a WRIT OF MANDAMUS declaring the action of the Respondents particularly Respondent No.3 in issuing Notice under Section 94 and 106 BNSS, Dt. 14.07.2025 to the Respondent No.4 for freezing the petitioner's bank account bearing No.630901548508 in the Respondent No.4 bank by showing the transactions way back in the year 2022, without issuing any notice or registering any crime and consequential action of the Respondent No.4 in freezing the petitioner's bank account without issuing any notice to the petitioner as nothing but illegal, arbitrary, highhanded and violative of fundamental and constitutional rights guaranteed under Articles 14 and 21 of the Constitution of India and also contrary to Judgment in Jerusalem Mathai, Hyderabad Vs. State of Telangana, Rep., Public Prosecutor and another reported in 2016(3)ALT(CRI.)415(S.B.) and consequently direct the Respondent No.4 to de-freeze the petitioner's Bank Account bearing No. 630901548508. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No.4 to de-freeze the petitioner’s Bank Account bearing No: 630901548508 by suspending the impugned Notice, Dt. 14.07.2025 issued by the Respondent No.3, pending disposal of the Writ petition before this Hon’ble court. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 to 3 : GP FOR HOME Counsel for the Respondent No.4 : NONE APPEARED The Court made the following order: APHC010365012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0-^:5 MONDAY.THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18683/2025 Between: 1.ARAVA HARIKRISHNA REDDY, S/0 ARAVA RAMACHANDRA REDDY, AGED ABOUT 41 YEARS, OCC. BUSINESS, R/0 HOUSE NO.2-70, ARAVAVANDLAPALLI, YERRAVARIPALAM MANUAL, TIRUPATI DISTRICT, PRESENTLY R/0 18, 1ST CROSS, AHR LUXURY PG FOR GENTS, AET COLLEGE ROAD, AET JUNCTION, BANGALORE, KARNATA STATE < ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. HOME DEPARTMENT, SECRETARIAT 2.THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT AT TIRUPATHI 3.THE STATION HOUSE OFFICER, YERRAVARIPALEM POLICE STATION, TIRUPATI DISTRICT 4.THE BRANCH MANAGER, ICICI BANK, TILAK ROAD, TOWN, TIRUPATI DISTRICT TIRUPATI ...RESPONDENT(S): t 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 OF MANDAMUS declaring the action of the Respondents particularly Respondent No.3 Section 94 and 106 BNSS. Dt. 14.07.2025 to the Respondent No.4 for freezing the petitioner's bank account bearing Respondent No.4 bank by showing the transactions way back in the year 2022, without issuing any notice or registering any crime and consequential action of the Respondent No.4 in freezing the petitioner's bank account without issuing any notice to the petitioner as nothing but illegal, arbitrary, highhanded and violative of fundamental and constitutional rights guaranteed under Articles 14 and 21 of the Constitution of India and also contrary to Judgment in Jerusalem Mathai, Hyderabad Vs. State of Telangana, Rep., Public Prosecutor and another reported in 2016(3)ALT(CRI.)415(S. B.) and consequently direct the Respondent No.4 to de-freeze the petitioner's Bank Account bearing No. 630901548508 and 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 pleased to DIRECT the Respondent No.4 to de-freeze the petitioner’s Bank Account bearing No; 630901548508 by suspending the impugned Notice 14.07.2025 issued by the Respondent No.3, pending disposal of the Writ petition before this Hon’ble court, and pass Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP FOR HOME in issuing Notice under No.630901548508 in the pass Dt. 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18683/2025 ORDER: The case of the petitioner herein is that the petitioner is an account holder with the 4*'' respondent-bank vide account bearing No.630901548508. The petitioner is running a PG Hostel by name ‘AHR P.G Hostel for Gents’ and currently has a credit balance of Rs.4,32,827/- in the said account. While so, without issuing any prior notice and without any intimation regarding freezing of the account of the petitioner, the 4 respondent-bank , halted transactions from the petitioner’s account on the ground that the bank received a notice dated 14.07.2025 from the 3 respondent-Station House Officer. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. Learned counsel for the petitioner submits that an amount of Rs.2,27,016/-, which was credited to the petitioner’s account in respect of alleged written complaint, was actually transferred by one Syed Sadiq Basha as an advance for the Mango crop and this transaction was took place in the year 2022. He further submits that the 3'”'^ respondent, without knowing the real facts and without giving an opportunity of personal hearing to the petitioner, issued a notice to the 4*'^ respondent-bank to freeze the petitioner’s account. Basing on the same, the 4*^ at the petitioner’s account, thereby meeting his day to day business needs due operation of account and for utilization of his funds. Writ Petition. respondent-Bank froze the entire amount causing inconvenience to the petitioner for to restraining the petitioner from Hence, filed the present 4. On the other 4'^ respondent on instructions of BNSS was issued to the of the 3^'^ respondent, alleging that to the petitioner’s account petition is devoid of merits and hand. learned counsel submits that a notice under Section 94 for the and 106 petitioner on 14.07.2025. Pursuant to the request an amount of Rs. 2,27,016/- was credited petitioner’s account was frozen. As such, the writ prays to dismiss the writ petition. 5. On the other hand, learned Government they will get instructions details of the amount credited indicated out of the written Pleader for Home submits that regarding the stage of the investigation to the account of the petitioner and the was clearly complaint. 6. Perused the material available on record. 7. It is not in dispute that the 3''^ dated 14.07.2025 to the 4 petitioner’s account. respondent issued a notice respondent requesting the Bank to freeze as an amount of Rs. 2,27,016/- was wrongly credited to the petitioner’s account. It is also not in dispute that the 3 the respondent did not give an opportunity of hearing to the petitioner. before issuing a notice to the 5 Bank to freeze the account of the petitioner. Pursuant to the request, the respondent acted so and freezed the petitioner’s account without informing the same and without issuing any prior notice to the petitioner and without ascertaining what amount to be withheld. The said action of the respondent- Bank is contrary to the terms of the agreement between the petitioner and the 4^'^ respondent. It is settled proposition of law, being a public authority while exercising its authority, it shall observe the principles of natural justice, before freezing the account of the petitioner. On perusal of the material placed by the petitioner, out of website of the 4**^ respondent, it is clear and categorical that on 21.06.2022, an amount of 8. Rs. 2,27,016/- was credited to the petitioner’s account by transaction remarks NEFT-P172220175566401-Syed Yahiya Basha FR-AB12YZ8. As such keeping entire amount of the petitioner, without allowing him to transact, is nothing but taking away his fundamental right of doing business guaranteed under Article 19(5) of Constitution of India. To protect the interest of the respondents, the amount which was received/ credited into the petitioner’s account should be kept intact for further adjudication/ for realization if requires. In view of the reasons stated above, the 4*^ respondent herein is directed to allow the petitioner to transact with his account with immediate 9. effect subject to withholding an amount of Rs.2,27,016/-, out of the total amount lying with the petitioner’s account. Further, the petitioner shall 6 co-operate with the investigation as and when the respondents pleases to make further statement for submission of any documents whatsoever. Accordingly, the Writ Petition is disposed of. There shall be no order as 10. to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. cAi B. PRASADA RAO assistant R^ISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur District. The Superintendent of Police, Tirupati District at Tirupathi The Station House Officer, Yerravaripalem Police Station, Tirupati District The Branch Manager, ICICI Bank, Tilak Road, Tirupati Town, Tirupati District. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. Cnr HIGH COURT DATED:28/07/2025 \ .t ORDER WP NO. 18683 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS