1 APHC010206392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10338/2025 Between: M/S. R.V. REALTY CO,, A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE AT OFFICE NO.58, 2ND FLOOR, EMPIRE BUILDING, ABOVE MCDONALDS, OPP CST STATION, MUMBAI, MAHARASHTRA-400001, REP BY ITS MANAGING PARTNER ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR DISTRICT. 3. THE CHITTOOR I TOWN POLICE STATION, REP BY ITS STATION HOUSE OFFICER, CHITTOOR, ANDHRA PRADESH. 4. YES BANK LTD, VILE PARLE EAST BRANCH, SHOP NO.1 AND 2, ROKADIA LANDMARK, NEHRU ROAD, VILE PARLE (EAST), MUMBAI - 400057 (IFSC CODE- YESB0000459) REP BY ITS BRANCH MANAGER. ...RESPONDENT(S): Counsel for the Petitioner: 1. AJAY KUMAR KANAPARTHI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: 2 “.... Writ of Mandamus declaring the action of the Respondents herein, more particularly Respondent No.4 in freezing the entire Bank Account No.045963300000920, Yes Bank Ltd, Vile Parle East Branch (IFSC Code- YESB0000459), Mumbai of the Petitioner on the directions of Respondent No.3 without following the due process of law as being illegal, arbitrary and without jurisdiction, in Violation of Articles 14, 19(1)(g) and 300A of the Constitution of India and Consequently direct the Respondent No.4 Bank to forthwith defreeze the attachment over Bank Account No.045963300000920, Yes Bank Ltd, Vile Parle East Branch (IFSC Code- YESB0000459), Mumbai of the Petitioner.” 2. When the matter is taken up for hearing, Sri Ajay Kumar Kanaparthi, learned counsel for the Petitioner would submit that the Petitioner-Company is carrying out its business in real estate. Learned counsel would further submit that Respondent No.4, without giving any notice to the Petitioner, has freezed the entire Bank Account No.045963300000920 of YES Bank Limited, in connection with Crime No.541 of 2021 of Chittoor I Town Police Station. Learned counsel would further submit that, though the Petitioner is not an Accused in the said crime, its bank account was freezed unnecessarily due to which, the Petitioner is unable to carry out its day-to-day activities. Hence, prayed to defreeze the account by keeping a lien over the disputed sum of Rs.5,44,000/-. 3. Sri V.Farooq, learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders. 4. Perusal of the material on record does not disclose any case that has been registered against the Petitioner with regard to the present crime. In the case on hand, the suspected money which was deposited in the account of 3 the Petitioner is a sum of Rs.5,44,000/-. Due to the blanket order to freeze the entire account, Respondent Nos.4-Bank has freezed the account in its entirety. As such, the Petitioner is unable to operate its account and deal with the money lying in its account. Under the guise of investigation, order of freezing the entire account without quantifying the amount and period, cannot be passed and such an order will be construed as violation of fundamental rights of trade and business. 5. Considering the submissions and in view of the facts and circumstances of the case, it is apposite to direct Respondent No.4- Bank to de-freeze the account of the Petitioner and to keep a lien over a sum of Rs.5,44,000/-. However, it is clarified that if there are any other independent freeze orders received by Respondent No.4 unrelating to this incident, they will be at liberty to continue the freeze for such amounts also. 6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _______________________________________ Dr.JUSTICEVENKATA JYOTHIRMAI PRATAPA Date:30.10.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.10338 of 2025 Dt.30.10.2025 Dinesh