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2025 DAILYLAW 3779 (AP)

VEMULA VENKATA NARAYANA v. THE STATE OF ANDHRA PRADESH

WP/1177/2025 · 2025-02-06

B V L N Chakravarthi

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 1177 OF 2025 Between: , , , . u * c/t Vemula Venkata Narayana, S/o, V Narasimhaiah, aged about 64 years, Occ Prop. Rama Modern Rice Mill R/o.H.No.51-916-A5, Challavari street. New Bus stand, Kurnool, Kurnool District. V Prasad, S/o.V.Venugopal Setty, aged about 46 years, 9?.^ Sri Lakshmi Srinivasaya Traders and Managing partner of Sri Maruthi Modern Rice Mill, R/o. H.No.7/97/28/A, Behind Hanuman weigh bridge, Ballari Road, Kurnool, Kurnool District. . u * on v’ Lakshmi Prasanna, W/o, E. Ramanand, Aged about 39 years, Occ Prop of Sri Bramaramba Industries, R/o.D.No. 330/A, Behind Hanuman Weigh Bridge, Bellary Road, Kurnool, Kurnool District. V. Rama Devi, W/o. V. Prasad, Aged about 39 years, Occ Prop. Sri Lakshmi Narasimha Sai Traders, R/o. D.No. 20/68, Upstairs, Flower bazar, old town, Kurnool, Kurnool District. 5 E. Ramanand, S/o. E. Bodhanand, Aged about 39 years Occ Prop. Mani Trad'ers, D.no. 51/916/A-5, 2"^' Floor, Challavaari Street Kurnool. ...Petitioners 1. 2. V 3. V 4. V. AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Amaravathi, Guntur District. 2. The Superintendent of Police, Kurnool DistricL 3. The Sub-Inspector of Police, IV-Town Police Station, Kurnool, Kurnool District. 4. The Manager, District. 1. ICICI Bank, Main Branch, U-Con Plaza, Kurnool, Kurnool ...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 or any other appropriate writ or direction declaring the action of the 3rd respondent in directing the 4th respondent to freeze the accounts i.e., 1) A/c.Nos.027905500632, petitioner 2) 027905018149 (OD Account) belonging to the 1 A/c.No.027905018168 (O.D Account - of Sri Maruthi Modern Rice Mill) nd petitioner 3) O.D account bearing No.02705018148 belonging to the 2 9 belonging to the 3^^ petitioner (Sri Lakshmi Bramaramba Industries) 4) O.D. Account bearing No.027905018159 of the petitioner (Sri Lakshmi r ^ Narasimha Sai Traders), and 5) O.D Account bearing No.027905018150 of - the 5**^ petitioner (Mani Traders and Mani Traders) of ICICI Bank, U-Con * Plaza" Branch, Kurnool vide Letter dt. 13.12.2024 as illegal, arbitrary and one without jurisdiction and consequently direct the 4th respondent to defreeze the accounts belonging to the petitioners in ICICI Bank, U-Con Plaza Branch, Kurnool by setting aside the letter of the 3'"'^ respondent to the 4th respondent dt. 13.12.2024. 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 4"^ respondent to defreeze the accounts i.e., 1) A/c.Nos.027905500632, 027905018149 (CD Account) belonging to the 1 petitioner 2) A/c.No.027905018168 (C.D Account - of Sri Maruthi Modern Rice Mill) belonging to the 2"^ petitioner 3) C.D account bearing No.02705018148 belonging to the petitioner (Sri Lakshmi Bramaramba Industries) 4) C.D. Account bearing No.027905018159 of the 4*^ petitioner (Sri Lakshmi Narasimha Sai Traders), and 5) C.D Account bearing No.027905018150 of the 5^^ petitioner (Mani Traders and Mani Traders) of ICICI Bank, U-Con Plaza Branch, Kurnool by suspending the Letter of the 3'^'^ respondent to the 4*'^ respondent dt. 13.12.2024 pending disposal of the writ petition. St Counsel for the Petitioners: SRI C SUBODH Counsel for the Respondents: GP FOR HOME The Court made the following order: W.P.No.1177 OF 2025 DT: 06,02.2025 BVLNC.J APHC010022052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 1177/2025 Between: 1.VEMULA VENKATA NARAYANA, S/O, V NARASIMHAIAH, AGED ABOUT 64 YEARS, OCC PROP. RAMA MODERN RICE MILL R/0.H.N0.51-916-A5, CHALLAVARI STREET, STAND, KURNOOL, KURNOOL DISTRICT. NEW BUS AGED ABOUT 46 2.V. PRASAD,, S/O.V.VENUGOPAL SETTY OCC PROP, OF SRI LAKSHMI SRINIVASAYA MANAGING PARTNER OF SRI MARUTHI YEARS, TRADERS AND MODERN RICE MILL, R/0. H.N0.7/97/28/A, BEHIND HANUMAN BALLARI ROAD, KURNOOL, KURNOOL WEIGH BRIDGE DISTRICT. 3.V. LAKSHMI. PRASANNA,, W/0, E. RAMANAND, AGED ABOUT 39 YEARS, OCC PROP, OF SRI BRAMARAMBA INDUSTRIES, BEHIND HANUMAN WEIGH BRIDGE, R/0.D.NO. 330/A, BELLARY ROAD, KURNOOL, KURNOOL DISTRICT. 4.V. RAMA DEVI,, W/0. V. PRASAD, AGED ABOUT 39 YEARS, OCC PROP. SRI LAKSHMI NARASIMHA SAI TRADERS, R/0. D.NO. 20/68, UPSTAIRS, FLOWER BAZAR, OLD TOWN, KURNOOL, KURNOOL DISTRICT. BVLNC.J W.P.No.1177 OF 2025 DT: 06.02.2025 i 5.E. RAMANAND S/0. E. BODHANAND aged about 39 YEARS, OCC PROP. MANI TRADERS, D.NO. 51/916/A-5 2ND FLOOR, CHALLAVAARI STREET, KURNOOL. ...PETITIONER(S) AND 1.THE STATE OF ANDFIRA PRADESH SECRETARY, AMARAVATHI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT. 3.THE SUBINSPECTOR OF POLICE, IV-TOWN POLICE STATION KURNOOL, KURNOOL DISTRICT. 4.THE MANAGER, ICICI BANK, MAIN BRANCH, KURNOOL, KURNOOL DISTRICT. REP. BY ITS PRINCIPAL SECRETARIAT. HOME DEPARTMENT, U-CON PLAZA, ...RESPONDENT(S): Counsel for the Petitioner: 1.C SUBODH Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: BVLNC.J W.P.NO.1177OF 2025 DT: 06.02.2025 THE HON’BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.1177 OF 2025 ORDER: Heard Sri C.Subodh, learned counsel for petitioners and Sri V.Farook, learned Addl. Government Pleader for Home. 02. Learned Additional Government Pleader for Home on written instructions would submit that police during investigation of Cr.No.409/2024 of IV Town Police Station, Kurnool, took steps for freezing of accounts as a part of investigation, and freezing of the accounts was informed to the jurisdictional Magistrate. In the light of submissions made by the learned Additional Government Pleader for Home, the petitioners are at liberty to approach the jurisdictional Magistrate for necessary relief as per the provisions of BNSS, 2023 to defreeze the accounts, and if the petitioners approach the learned Magistrate with any such application, the learned Magistrate is directed to dispose of the same as per law, as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of copy of this Order. 03. BVLNC.J W.P.No.1177 OF 2025 DT: 06.02.2025 04. Accordingly, the Writ Petition is disposed of at the stage of There shall be no order as to costs. admission. As a sequel, interlocutory applications pending, if any, shall stand Sd/- K TATA RAO DEPUTY REGISTRAR N OFFICER closed. //TRUE COPY// '*s,cS; To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District. 2. The Superintendent of Police, Kurnool District. 3. The Sub-Inspector of Police, IV-Town Police Station, Kurnool, Kurnool District. 4. The Manager, ICICI Bank, Main Branch, U-Con Plaza, Kurnool, Kurnool District. 5. One CC to Sri C Subodh, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM HIGH COURT DATED:06/02/2025 ANO^ 0 7 FEB 2025 ^ . Current Section ORDER tn WP.No.1177 of 2025 DISPOSING OF THE WP WITHOUT COSTS