r \\\ ^' APHC010433762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUStIS TWO THOUSAND AND TWENTY FIVE Nj PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No: 22049 OF 2025 Between: 1. Samaritans Agencies, # 2-3-18/23, Tulasi Nagar Golnaka, Amberpet Hyderabad, Rept. By its Partner Manne Srinivasa Rao. 2. Filmors, # 2-2-18/30/1, B-52, Durgabai Deshmukh Colony Babhamberpet, Hyderabad, Rept. By its Partner Manne Srinivasa Rao. ...PETITIONERS AND 1. The Station House Officer, Patamata Police Station, Vijayawada District. 2. The Commissioner of Police, NTR Commissionerate Vijayawada, NTR District. , NTR 3. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 4. HDFC Bank Limited D.NO.2-2-1105/82-D Chambers, Tilak Nagar "X" Roads Shivam Road, Hyderabad Rept. By its Manager. 5. M.Phanindra Kumar, S/o. Satyanarayana, Aged about 48 Ex-Bank Manager Plot No.61, P&T Colony, Road No.3, Patamata Vijayawada, NTR District. 6. M/s. Sri Srinivasa Agencies, Lane, Shram Nagar Kanuru NTR District, Rept. By its Proprietor Gundi Venkata Pradeep Kumar. ...RESPONDENTS Ground Floor Jain years, Occ; Vijayawada, 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondent No.1 in freezing the bank accounts of the petitioners bearing A/c Nos. 50200026543390 & A/c.No.59209966099066 existing in the 4“^ respondent bank in Cr.No.389/2025 even inspite of the said bank accounts of the petitioners are not linked to any criminal activity as arbitrary, illegal and contrary to Sec. 106 of BNSS and consequently direct the respondent Nos.1 and 4 to de-freeze the bank accounts of the petitioners i.e, A/c. Nos. 50200026543390 & A/c. No.59209966099066 existing in the 4*^ respondent bank. 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 direct the respondent Nos.1 & 4 to de-freeze the bank accounts of the petitioners i.e, A/c.Nos. 50200026543390 & A/c. No.59209966099066 existing in the 4**^ respondent bank pending disposal of the Writ Petition. Counsel for the Petitioners: SRI P.NAGENDRA REDDY Counsel for the Respondent Nos.1 to 3: SRI V.FAROOQ, ASST.GP FOR HOME Counsel for the Respondent Nos.4: Counsel for the Respondent No.5: SRI B.V.KRISHNA REDDY Counsel for the Respondent No.6: The Court made the following order: 1 APHC010433762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22049 OF 2025 Between; 1. SAMARITANS AGENCIES, 2-3-18/23, Tulasi Nagar Golnaka, Amberpet Hyderabad Rept. By its Partner Manne Srinivasa Rao 2. Filmors, 2-2-18/30/1, B-52, Durgabai Deshmukh Colony Babhamberpet, Hyderabad Rept. By its Partner Manne Srinivasa Rao ...Petitioners AND 1. THE STATION HOUSE OFFICER, Patamata police station Vijayawada, NTR District 2. The Commissioner of Police, NTR Commissionerate Vijayawada, NTR District 3. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 4. HDFC Bank Limited, D.NO.2-2-1105/82-D, Ground Floor Jain Chambers, Tilak Nagar X Roads Shivam road, Hyderabad Rept. By its Manager 5. M Phanindra Kumar, S/o Satyanarayana Aged about 48yrs, Occ Ex-Bank Manager Plot No.61, P AND T Colony, Road No.3, Patamata Vijayawada, NTR District 2 6. M/s Sri Srinivasa Agencies. Lane. Sriram Nagar District Rept. By its Proprietor Gundi Venkata Pradeep Kumar Kanuru. Vijayawada. NTR ...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 pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.1 in freezing the bank accounts of the 50200026543390 and A/c No.59209966099066 petitioners bearing A/c Nos. existing in the 4th respondent bank in Cr. No.389/2025 even inspite of the said bank accounts of the petitioners are not linked to any criminal activity as arbitrary, illegal and contrary to Sec. 106 of BNSS and consequently direct the respondent Nos.1 and 4 to de freeze the bank accounts of the petitioners i.e, A/c Nos. No.59209966099066 existing in the 4th 50200026543390 and A/c respondent bank lA NO: 1 OF 2()9Fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pieased Counsel for the Petitioners: P NAGENDRA REDDY Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:B V KRISHNA REDDY The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22049 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; a writ, order or direction more ...pleased to issue particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.1 in freezing the bank accounts of 50200026543390 and A/c the petitioners bearing A/c Nos. No.59209966099066 existing in the 4th respondent bank in Cr. accounts of the No.389/2025 even inspite of the said bank petitioners are not linked to any criminal activity as arbitrary, illegal and contrary to Sec. 106 of BNSS and consequently direct the respondent Nos.1 and 4 to de freeze the bank accounts of the 50200026543390 and A/c A/c Nos. petitioners i.e, No.59209966099066 existing in the 4th respondent bank... The petitioners challenge the action of the 1st respondent in freezing their bank accounts bearing A/c Nos. 50200026543390 and 59209966099066 maintained with the 4th respondent bank in connection with Crime No.389/2025 under Section 420 IPC. It is the case of the petitioners that the amounts received in their accounts were towards sale consideration in the 02. regular course of business of fast-moving consumer goods supplied to the 6th manner linked to the alleged respondent, and the said accounts are in offence and also submitted that freezing can only be resorted to if the property is suspected to be stolen or connected with criminal activity, which is not the no case here. 4 03. Heard Sri P.Nagendra Reddy, learned Sri V.Farooq, learned Assistant Ms. Marupilli Sarada, learned counsel for the counsel for the petitioner, Government Pleader for Home and respondent No.5. 04. The learned counsel for the petitioner submits that the IS not an accused in Crime No.389/2025, which has the Muppavarapu Phaneendra Kumar for the offence submits that, based on the complaint lodged by the unofficial respondent, the police petitioner herein been registered against of cheating. He further respondent/5th on the very next day of registration of the case, requested the bank to freeze the petitioner's account on the ground that an amount of Rs.4.5 crores had been transferred to the the accused in the year 2021. petitioner’s company by 05. The learned Assistant Government Pleader for Home court may pass appropriate orders. submits that the 06. At this stage, learned counsel for the direction may be issued to the bank to freeze petitioners submits that a only the disputed amount received from the accused in Crime No.389/2025, i However, learned counsel for respondent No.5 amount is Rs.6 crores and not Rs.4.5 Rs.4.5 crores. i.e. contends that the disputed crores. In view of the said submission learned counsel for the petitioners submits that this of the bank accounts only to the Court may direct freezing extent of Rs.6 crores, permitting the petitioners to operate the accounts for the balance amount. 5 J Having regard to the submissions, this writ petition is disposed of with bank accounts of the petitioners shall remain frozen to the 07. a direction that the extent of permitted to operate outcome of the investigation in Crime No.389/2025. There shall be no order as Rs.6,00,00,000/- (Rupees Six Crores) and the petitioners are the accounts for the remaining amount, subject to the to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand Sd/- U. SRSDEVl ASSISTANT .REGISTRAR qiWficer closed. //TRUE COPY// SECT! To The Station House Officer, Patamata Police Station, Vijayawada, NTR District. The Commissioner of Police, NTR Commissionerate Vijayawada, NTR District. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. The Manager, HDFC Bank Limited, D.NO.2-2-1105/82-D, Ground Floor Jain Chamber's, Tilak Nagar X Roads Shivam Road, Hyderabad. M/s. Sri Srinivasa Agencies, Proprietor Gundi Venkata Pradeep Kumar Lane, Sriram Nagar Kanuru, Vijayawada, NTR District. One CC to Sri P.Nagendra Reddy, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] One CC to Sri B.V.Krishna Reddy, Advocate [OPUC] One CC to Ms. Marupilli Sarada, Advocate [OPUC] Two CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TAC HIGH COURT DATED:22/08/2025 ORDER WP No.22049 OF 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS