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2025 DAILYLAW 28972 (AP)

SRI SHAIK MASTHAN v. THE STATE OF AP

WP/21302/2024 · 2025-08-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

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i X. APHC010413242024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21302 OF 2024 Between: 1. Sri Shaik Masthan, S/o Aadam SahebShaik D.No- 8-75-3 Parikalaveedhi Near wisdom school Ibrahimpatnam Krishna District. 2. Smt. Sk.Chan Bi, W/o Sri Shaik Masthan D.No- 8-75-3 parikalaveedhi Near wisdom school Ibrahimpatnam Krishna District. 3. Shaik Mahaboob Basha, S/o Shaik Masthan, D.No-8-75-3 parikalaveedhi Near wisdom school Ibrahimpatnam Krishna District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat buildings, Velagapudi, Guntur District. - 2. The Director General, Anti corruption Bureau, Govt, of Andhra Pradesh. 3. The Deputy Superintendent of police Anti corruption bureau Central investigation Unit, Anti corruption bureau, PNBS, NTR Administrative Buildings,5th floor, Andhra Pradesh Vijayawada. ^ 4. Inspector of police. Central investigation Unit, Anti corruption bureau, PNBS, NTR Administrative Buildings, 5 Vijayawada. 5. State Bank of India, Rep. by its Chief Manager, Ibrahimpatnam branch, Ibrahimpatnam, Krishna District. th floor, Andhra Pradesh 6. The Branch Manager, Canara Bank, Ibrahimpatnam branch, Ibrahimpatnam, Krishna District. 7. The Sub Registrar, Ibrahimpatnam NTR District 8. The Sub Registrar, Gunadala, NTR District 9. The Sub Registrar, Gandhinagar, NTR 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 writ or direction more particularly in writ of Mandamus the action of the 4*^ respondent initiating the proceedings C.No.05/RCA-CIU- ACB/2023,Dated 18.11.2023 and 4th respondent initiating the attached • documents vide proceedings C.No. 05/RCA-CIU-ACB/2023,Dated 27.11.2023 by freezing the operation of the all accounts, lockers, release of mortgage, FDs, release of security properties etc with immediate effect is illegal, arbitrary, unreasonable and violation of PC Act 1988 and Article 14,19,21 and 300 A of the constitution of India consequently direct the 4 respondent to defreeze the Accounts of the petitioners Acc Nos (1)10138408497 (2)20346464256 (3)6081101001539 and (4) 6081101001538 Attached Documents th th and 5 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 suspend the operation of the Impugned proceedings vide C.No. 05/RCA-CIU- ACB/2023 dated 18.11.2023 and C.No. 05/RCA-CIU-ACB/2023 27.11.2023 Dated lA NO: 2 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 grant leave to the petitioner herein and Respondents No.2 to 4 in WP. No. 21302 of 2024 to submit counter affidavit in the above writ petition Counsel for the Petitioners: SRI M SAPTHAGIRI Counsel for the Respondents No,.1 to 3: GP FOR HOME Counsel for the Respondent No.4: SRI S SYAM SUNDER RAO SC cum Spl P.P. For ACB Counsel for the Respondents No.7 to 9: GP FOR REGISTRATION AND STAMPS The Court made the following order: 1 APHC010413242024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTYFIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21302/2024 Between: 1.SRI SHAIK MASTHAN, S/0 AADAM SAHEBSHAIK D.NO- 8-75-3 PARIKALAVEEDHI NEAR WISDOM SCHOOL IBRAHIMPATNAM KRISHNA DISTRICT. 2.SMT SK.CHAN Bl, W/0 SRI SHAIK MASTHAN NEAR WISDOM SCHOOL IBRAHIMPATNAM D.NO- 8-75-3 PARIKALAVEEDHI KRISHNA DISTRICT. D.NO-8-75-3 3.SHAIK MAHABOOB BASHA, S/0 SHAIK MASTHAN NEAR WISDOM SCHOOL IBRAHIMPATNAM PARIKALAVEEDHI KRISHNA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME VELAGAPUDI, DEPARTMENT, SECRETARIAT BUILDINGS, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL, ANTI CORRUPTION BUREAU, GOVT.OF ANDHRA PRADESH. 3.THE DEPUTY SUPERENDENT OF POLICE ANTI CORRUPTION BUREAU CENTRAL INVESTIGATION UNIT, ANTI CORRUPTION BUREAU,PNBS, NTR ADMINISTRATIVE BUILDINGS,5TH FLOOR, ANDHRA PRADESH VIJAYAWADA. 4.LNSPECTOR OF POLICE, CENTRAL INVESTIGATION UNIT, ANTI CORRUPTION BUREAU.PNBS, NTR ADMINISTRATIVE BUILDINGS, 2 M 5TH FLOOR,ANDHRA PRADESH VIJAYAWADA. 5.STATE BANK OF INDIA, REP.BY ITS CHIEF MANAGER, IBRAHIMPATNAM BRANCH,IBRAHIMPATNAM, KRISHNA DISTRICT. 6.THE BRANCH MANAGER, CANARA BANK, BRANCH,IBRAHIMPATNAM,KRISHNA DISTRICT. 7.THE SUB REGISTRAR, IBRAHIMPATNAM NTR DISTRICT 8.THE SUB REGISTRAR, GUNADALA, NTR DISTRICT 9.THE SUB REGISTRAR, GANDHINAGAR. NTR DISTRICT IBRAHIMPATNAM ...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 to issue writ or direction more particularly in writ of Mandamus the action of the 4*^ respondent initiating the proceedings C.No 05/RCA-CIU- ACB/2023.Dated 18.11.2023 and documents vide 4th respondent initiating the attached proceedings C.No. 05/RCA-CIU-ACB/2023,Dated 27.11.2023 by freezing the operation of the all accounts .lockers,release of mortgage,FDs .release of security properties etc with immidiate illegal, arbitrary, unreasonable and violation of PC Act effect is 1988 and Article 14,19,21 and 300 A of the constitution of Indiaconsquently direct the 4 5*^ respondent to defreeze 1.10138408497 and the Accounts of the petitioners Acc Nos (2)20346464256 (3) 6081101001539 and (4) 6081101001538 .Attached Documents and pass Counsel for the Petitioner{S): I.M. SAPTHAGIRI Counsel for the Respondent(S): 1.S.SYAM SUNDER RAO SC cum Spl P.P. For ACB 2.GP FOR HOME 3.GP FOR REGISTRATION AND STAMPS 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21302 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; . .pleased to issue writ or direction more particularly in writ of Mandamus the action of the 4^^ respondent initiating the proceedings C.NO.05/RCA-CIU-ACB/2023,Dated 18.11.2023 and 4th respondent initiating the attached documents vide proceedings C.No. 05/RCA- CIU-ACB/2023,Dated 27.11.2023 by freezing the operation of the all accounts ,lockers, release of mortgage, FDs ,release of security properties etc with immediate effect is illegal, arbitrary, unreasonable and violation of PC Act 1988 and Article 14,19,21 and 300 A of the constitution of India consquently direct the 4^^ and 5*'^ respondent to defreeze the Accounts of the petitioners Acc Nos (1)10138408497 (2)20346464256 (3) 6081101001539 and (4) 6081101001538 attached Documents and pass... ” \ * 2. When the matter is taken up for hearing, Sri S.Syam Sunder Rao, learned Standing Counsel cum Spl. Public Prosecutor for ACB would submit that the petitioner No.1 is a close associate and benami of the Accused Officer in Crime No.05/RCA-CIU-ACB/2023 under Sections 13(2) r/w 13(1)(b) of Prevention of Corruption (Amendment) Act, 2018 dated 16.11.2023. He would further submit that the petitioner No.1 absconded along with accused officer on the date of searches i.e., on 17.11.2023., which establishes the nexus between the petitioner No.1 and the accused officer. During the examination of the petitioner Nos. 2 and 3, they also stated that the petitioner No.1 absconded along with Accused Officer. 3. Sri M. Sapthagiri, learned counsel for the petitioners would submit that the petition may be disposed of without causing any prejudice to the rights and 4 contentions of the petitioners by giving liberty to the petitioners to workout ' their remedies before appropriate forum. Considering the submissions, the Writ Petition is disposed of without causing any prejudice to the rights and contentions of the petitioners. However, the petitioners are at liberty to recourse their remedies by filing 4. appropriate application before the Special Court. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SI F OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat buildings, Velagapudi, Guntur District. 2. The Director General, Anti corruption Bureau, Govt.of Andhra Pradesh. 3. The Deputy Superintendent of police Anti corruption bureau Central investigation Unit, Anti corruption bureau, PNBS, NTR Administrative Buildings,5th floor, Andhra Pradesh Vijayawada. 4. Inspector of police. Central investigation Unit, Anti corruption bureau, PNBS, NTR Administrative Buildings, 5 Vijayawada. 5. The Chief Manager, State Bank of India, Ibrahimpatnam branch Ibrahimpatnam, Krishna District. 6. The Branch Manager, Canara Bank, Ibrahimpatnam branch Ibrahimpatnam, Krishna District. 7. The Sub Registrar, Ibrahimpatnam NTR District th floor, Andhra Pradesh 8. The Sub Registrar, Gunadala, NTR District 9. The Sub Registrar, Gandhinagar, NTR District 10. One CC to SRI M. SAPTHAGIRI Advocate [OPUC] 11. One CC to SRI S.SYAM SUNDER RAO SC Advocate [OPUC] 12. Two CCs to GP FOR HOME High Court of Andhra Pradesh 13. Two CCs to GP FOR REGISTRATION AND STAMPS Andhra Pradesh [OUT] 14. Two CD Copies cum Spl P.P. For ACB [OUT] High Court of gsg HIGH COURT DATED; 21/08/2025 ORDER WP NO. 21302 OF 2024 ^ 2 2 AUG 2025 >N4ilHTentS«cti<i DISPOSING THE WP WITHOUT COSTS