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2025 DAILYLAW 38691 (AP)

Grace Creation, v. The State of Andhra Pradesh,

WP/35988/2018 · 2025-07-22

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010746332018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULW'Q TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 35988 OF 2018 Y-’- Befvveen; "I. Grace Creation, Rep. by its Partner Mr. K.Giri, R/o No.72/1, B/C, Jaraganahalli, Kanakapura Main Road, J.P. Nagar Post Bangalore - 560078, 2. Grace Texpro, Rep. by its Partner Mr. K.Giri, R/o No.24, F-2, K' Phase, Kumbalgodu Industrial Area, Mysore Road, Bangalore - 560074. ^3. Vruddhi Creation, Rep. by its Partner Mr. V.N.Narayana Rao, R/o Sy.No. 363, 20/5, Post Office Road, Kanakapura Main Road, Yelecheiiahaili, Bangalore — 560078. 4. Sindhuja Garments, Rep. by its Partner Mr. V.N.Subba Rao, R/o 12/1,3^^ Floor, 7"’ Cross, M.Siddaiah Road, Bangalore - 560027. K. Giri, S/o Rama Krishna Naidu, Age : 49 years, Occ: Business, R/o M.No. 495/1, 5'" Cross, Rama Mandir Road, Kathri guppe, Bangalore City, Karnataka Slate. 5. 6. V.N. Subba Rao, S/o Narayana Rao, Age : 41 years, Occ: Business, 12/o 402/28, 15 Venkateshwara Layout, BTM 1 Stage, Bangalore, Karnataka State. 7. K. Pushpa, W/o K.Giri, Age : 41 years, Occ: Business, R/o H.No. 495/1, 5"’Cross, Rama Mandir Road, Kathri guppe. Bangalore City, Karnataka State. Ih A Main, r 12 S. K. Chitti Babu S/o.Sri Ramakrishna Naidu ■ .Aged 39 years, Occ : Employee in Grace Creation, No,.72/l, B/C, Jaraganahalli, Kanakapura Main Road, J.P. Nagar Post, Bangalore - 560078. 9. K. Reddappa S/o.Sri Ramakrishna Naidu, aged : 41 years; Occ : Employee in Grace Texpro No.24, F-2, Phase, Kumbalgodu Industrial Area, Mysore Road, Bangalore - 560074. 10. C. Suresh Kumar, S/o Chendrayan, Age : 40 years, Occ: Business, R/o Siduvampatti Village, Dhonna Ghuttahalli Post, Pennagaram Taluk, Dharmapuri District, Tamilnadu State. 11. D.K.Naresh S/o.D.Krishna, aged : 38 years, Occ : Employee in Grace Texpro No.24, F-2, N' Phase, Kumbalgodu Industrial Area, Mysore Road, Bangalore ~ 560074. 12. D.Giri S/o.D.Govinda Naidu Aged : 36 years, Occ : Employee in Sindhuja Garments 12/1, 3^^'Floor, 7"’Cross, H.Siddaiah Road, Bangalore - 560027. 13. S.Vanitha W/o.C.Suresh Kumar Aged : 36 years, Occ ; Business R/o Siduvampatti Village, Dhonna Ghuttahalli Post, Pennagaram Taluk, Dharmapuri District, Tamilnadu State. Petitioners And 1) The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat, Velagapudi. 2) The Director General of Police, Anti Corruption Bureau, Govt, of Andlira Pradesh, Vijayawada. 3) The Inspector of Police, Anti Corruption Bureau, Tirupati Range, Tirupati, A.P. 5' 4) Branch Manager, Canara Bank, P.B.No.490, 550, Diagonal Road, V isvveswarapuram. Ban galore-5 60004, Karnataka Stale. '['he State Bank of India, Rep. by its Manager, J.F.Nagar Branch, Rangaloi'e, Karnataka State. 5) R espondents 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 a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No.1 to particularly the 3rd Respondent in issuing Letter No. 7/G in Cr.No.08/RCA-TCT/2018, Dt. 17.09.2018 directing the Respondents No. 4 and 5 to freeze the accounts maintained by the petitioners and interference 3, more with the day-to-day business activities of the Petitioner’s firms including conducting raids on the petitioners' firms and seizure of firm records and title deeds under guise of registration of FIR without following due process of law highhanded, unconstitutional, deliberate, unwarranted. illegal nsustainable, arbitrary against Law as well as principles of natural justice and sequently set aside the letter No. 7/G in Cr,No.08/RCA-TCT/2018, Dt. as u con 17.09.2018 of 3rd respondent and direct the Respondents to not to interference with the business activities of the Petitioner without following due process of law. lA NO: 1 OF 2018 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 Respondents not to interfere with the business activities of the Petitioners under the guise of Crime No.08/RCA-TCT/2018 dated. 17.09.2018 without following due process of law. lA NO: 2 OF 2018 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 stay of proceedings No. 7/G in Cr.No.08/RCA-TCT/2018, Dt. 17.09.2018 of 3rd respondent directing the Respondents No. 4 and 5 to freeze the accounts maintained by the petitioners. r Counsel for the Petitioners: SRI K B RAMANNA DORA Counsel for the Respondent No.1: GP FOR HOME Counsel for the Respondent Nos. 2 and 3: SRI O UDAY BHASKARA RAO SC FOR ACB Counsel for the Respondent No. 4: SRI G V S KISHORE KUMAR The Court made the following order: APHC010746332018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 35988/2018 Between: 1, GRACE CREATION, REP. BY ITS PARTNER MR. K.GIRI, R/0 N0.72/I, B/C, JARAGANAHALLI, KANAKAPURA MAIN ROAD, J.P. NAGAR POST, BANGALORE - 560078. 2. GRACE TEXPRO,, REP. BY ITS PARTNER MR. K.GIRI, R/0 N0.24, F-2, 1G PHASE, KUMBALGODU INDUSTRIAL AREA, MYSORE ROAD, BANGALORE - 560074. 3. VRUDDHI CREATION, REP. BY ITS PARTNER MR. V.N.NARAYANA RAO, RIO SY.NO. 363, 20/5, POST OFFICE ROAD, KANAKAPURA MAIN ROAD, YELECHENAHALLI, BANGALORE - 560078. 4. SINDHUJA GARMENTS, REP. BY ITS PARTNER MR. V.N.SUBBA RAO, R/0 12/1, 3RD FLOOR, 7TH CROSS, H.SIDDAIAH ROAD, BANGALORE - 560027. 5. K. GIRL, S/0 RAMA KRISHNA NAIDU, AGE . 49 YEARS, OCC. BUSINESS, R/0 H.NO. 495/1, 5TH CROSS, RAMA MANDIR ROAD, KATHRI GUPPE, BANGALORE CITY, KARNATAKA STATE 6. V.N. SUBBA RAO, S/0 NARAYANA RAO, AGE . 41 YEARS, OCC. BUSINESS, R/0 402/28, 15TH A MAIN, VENKATESHWARA LAYOUT, BTM I STAGE, BANGALORE, KARNATAKA STATE. 7. K. PUSHPA, W/0 K.GIRI, AGE . 41 YEARS, OCC. BUSINESS, R/0 H.NO. 495/1, 5TH CROSS, RAMA MANDIR ROAD, KATHRI GUPPE, BANGALORE CITY, KARNATAKA STATE. 8. K. CHITTI BABU, S/0.SRI RAMAKRISHNA NAIDU AGED . 39 YEARS, OCC . EMPLOYEE IN GRACE CREATION, NO.72/1, B/C, JARAGANAHALLI, KANAKAPURA MAIN ROAD, J.P. NAGAR POST, BANGALORE - 560078. 9. K. REDDAPPA, S/O.SRI RAMAKRISHNA NAIDU, AGED . 41 YEARS OCC . EMPLOYEE IN GRACE TEXPRO N0.24, F-2, 1ST PHASE, KUMBALGODU INDUSTRIAL AREA, MYSORE ROAD, BANGALORE - 560074. 10.C. SURESH KUMAR,, S/0 CHENDRAYAN, AGE . 40 YEARS, OCC. BUSINESS, RIO SIDUVAMPATTI VILLAGE, DHONNA GHUTTAHALLI POST, PENNAGARAM TALUK, DHARMAPURI DISTRICT, TAMILNADU STATE. ’(m I' .1 t .1 •ik' 2 ’i 11.D.K.NARESH, S/0.D.KRISHNA, AGED 38 YEARS OCC EMPLOYEE IN GRACE TEXPRO N0.24, F-2 Pi’ PHASE KUMBALGODU INDUSTRIAL AREA, MYSORE’rOAD BANGALORE - 560074. 12.D.GIRI, S/O.D.GOVINDA NAIDU AGED . 36 YEARS OCC EMPLOYEE IN SINDHUJA GARMENTS 12/1, 3RD FLOOR 7TH CROSS, H.SIDDAIAH ROAD, BANGALORE - 560027. 13.S.VANITHA, W/O.C.SURESH KUMAR AGED . 36 YEARS OCC BUSINESS R/0 SIDUVAMPATT! VILLAGE, DHONNA GHUTTAHALLI POST, PENNAGARAM TALUK, DHARMAPURI DISTRICT, TAMILNADU STATE. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS VELAGAPUDf^^^^^'^'^'^’ DEPARTMENT, SECRETARIAT, 2.THE DIRECTOR GENERAL OF POLICE, ANTI CORRUPTION BUREAU, GOVT. OF ANDHRA PRADESH, VIJAYAWADA. 3.THE INSPECTOR OF POLICE, ANTI CORRUPTION TIRUPATI RANGE, TIRUPATI, A.P. 4. BRANCH MANAGER, CANARA BANK, P.B.NO.490, 550, DIAGONAL ROAD, VISWESWARAPURAM, BANGALORE-560004 I^RNATAKA STATE. 5.THE STATE BANK OF INDIA, REP. BY ITS MANAGER J P NAGAR BRANCH, BANGALORE, KARNATAKA STATE. BUREAU, ...RESPONDENT(S): Counsel for the Petitioner(S): 1.K B RAMANNA DORA Counsel for the Respondent(S): 1.S SYAMSUNDER RAO 2.G VS KISHORE KUMAR The Court made the following; ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; “.... a Writ of Mandamus declaring the action of the respondents No.1 to 3, more particularly the 3"^ Respondent in issuing Letter No. 7/G in Cr.No.08/RCA-TCT/2018, Dt. 17.09.2018 directing the Respondents No. 4 and 5 to freeze the accounts maintained by the petitioners and interference with the day-to-day business activities of the Petitioner's firms including conducting raids on the petitioners' firms and seizure of firm records and title deeds under guise of registration of FIR without following due process 3 of law as illegal, highhanded, unconstitutional, deliberate, unwarranted, unsustainable, arbitrary against Law as well as principles of natural justice and consequently set aside the letter No. 7/G in Cr.No.08/RCA-TC T/2018, Dt.17.09.2018 of 3''^ respondent and direct the Respondents not to interfere with the business activities of the Petitioner without following due process of law." 2. Sri K.B.Ramanna Dora, learned counsel for the Petitioners would submit that the Police are interference with the day-to-day business activities of the Petitioners’ firms and are conducting raids on the Petitioners' firms and directed Respondent Nos.4 and 5 to freeze the bank accounts of the Petitioners under guise of registration of FIR without following due process of law and they may be directed not to interfere with the business activities of the Petitioners. 3. Learned Standing Counsel for ACB would submit that Respondent No.3 had addressed a letter dated 22.01.2019 to Respondent No.2 intimating the details of the defreezing of the bank accounts of the Petitioners. Considering the submissions made, the Writ Petition is disposed of directing Respondent No.3 to intimate Respondent Nos.4 and 5 with regard to defreezing of the bank accounts of the Petitioners, within one week from the date of receipt of copy of this Order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand GH/. R PRASADA. RAO assistAN^^^STRAR T^ctjon officer 4. closed. //TRUE COPY// To, Department, State of Andhra Pradesh, 1. The Principal Secretary, Home Secretariat, Velagapudi. 2. The Director General of Police, Anti Corruption Bureau, Govt, of Andhra Pradesh, Vijayawada. 3. The inspector of Police, Anti Corruption Bureau, Tirupati Range, Tirupati, A.P. ■■1 fct;- l» - 4. The Branch Manager, Canara Bank, P.B.No.490, 550, Diagonal Road, Visweswarapuram, Bangalore-560004, Karnataka State. The Manager, State Bank of India, J.P.Nagar Branch, Bangalore, Karnataka State. One CC to Sri. K B Ramanna Dora Advocate [OPUC] One CC to Sri. S Syamsunder Rao Advocate [OPUC] One CC to Sri O Uday Bhaskara Rao SC for Home [OPUC] One CC to Sri. G V S Kishore Kumar Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Two CD Copies 5. 6. 7. 8. 9. 10. 11. GSC TT 1 \, HIGH COURT DATED:23/07/2025 l«AUG20?5 g ORDER WP NO. 35988 OF 2018 X t o toll 'Pi' ^ Current Section . DISPOSING THE WP WITHOUT COSTS