APHC010027152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1482/2025 Between: Vinjamuri Santha Ratnam ...PETITIONER AND The South Indian Bank Kovvur Branch and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. B SESIBUSHAN RAO Counsel for the Respondent(S): 1. SREEDHAR VALIVETI The Court made the following: O R D E R: 1. This writ petition is filed under Article 226 of the Constitution of India to declare the action of Respondent Nos. 1, 3 & 5 in freezing the account of the petitioner bearing No.1048073000000010 as illegal and violative of Articles 14, 20 and 21 of the Constitution of India and consequently set-aside the same. 2. The petitioner has been running general stores in the name and style of M/s. Santa Ratnam Kirana and General Stores and maintaining Current Account No. 1048073000000010 with South Indian Bank, Kovvur Branch – Respondent No.1. To the petitioner’s surprise, her account was frozen by Respondent No.1 bank following a communication/complaint received from the Cyber Crime Police Stations, Dholpur, Rajasthan, which led to the freezing of her current account. The petitioner made representations to the Police, Dholpur and also to Respondent No.1 bank to unfreeze her current account by withholding the lien amount is Rs.14,920/-. Even after receipt of representations of the petitioner on 11.01.2025, the respondents neither acted upon the request nor allowed the petitioner to operate the current account. Hence, the writ petition. 3. On the other hand, learned Standing Counsel for the respondent bank submits that, Respondent Nos. 3 to 5 issued a communication on 27.05.2024, instructing Respondent No.1 to freeze the petitioner’s account, as proceeds from a crime were credited to it. She further submits that the communication does not specify the amount involved or credited to the petitioner’s account, which led to the cyber crime being registered with the bank. As a result, the entire account was frozen, as requested by Respondent Nos. 3 and 4. 4. Having regard to the submissions made by learned counsel for the petitioner, learned counsel for the respondents and on perusal of the material available on record, it is evident that a letter was addressed by Respondent No.1 bank to the petitioner, stating that her account has been lien marked for an amount of Rs.14,920/- as per the instructions from Law Enforcement Agencies. Thus, it is clear that an amount of Rs.14,920/- is credited to the account of petitioner, which is alleged to be crime proceeds. In view of the same, freezing the entire account of the petitioner is bad in law and nothing but infringing the rights of the petitioner guaranteed under Article 19(g) of the Constitution of India. Hence, Respondent No.1 is directed to defreeze the petitioner’s bank Account No. 1048073000000010, while withholding an amount of Rs.14,920/- which is alleged to be the proceeds of crime as stated in the letter dated 25.05.2024, out of the total amount lying in the account of the petitioner. Respondent No.1 shall defreeze the account of the petitioner and inform the same to Respondent Nos.3 & 4. 5. With the above direction, writ petition is disposed of. No costs. 6. Consequently, miscellaneous applications pending if any, shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA,J Date: 17.02.2025 SP 167 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1482/2025 Date: 17.02.2025 W SP