1 APHC010464582025 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: 23981/2025 Between: 1. PRAKASAVEL MARIMUTHU ,, S/O. MARIMUTHU BALASUBRAMANIAN, AGE 40 YEARS DOOR. NO 2-63, ASARI STREET, NACHIPATTY, VENNANDUR PO, RASIPURAM TALUK, NAMAKKAL DISTRICT-637505.TAMILNADU. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,A.P.SECRETARIAT, VELAGAPUDI,AMARAVATHI,GUNTURDISTRICT. 2. THE GOVERNMENT OF INDIA, REP BY ITS SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI. 3. THE MANAGING DIRECTOR, SECURITIES AND EXCHANGE BOARD OF INDIA, PLOT NO C-4-A.,G BLOCK BANDRA -KURLA COMPLEX, BANDRA(E), MUMBAI-400051, MAHARASHTRA. 4. THE STATION HOUSE OFFICER, BOMMURU POLICE STATION , EAST GODAVARI DISTRICT, MAIL.ID BOMMURUPSEASTAODAVARI@AMAIL.COM CELL 9494459377 5. VISWANADH BANDLA, S/O. NAME NOT KNOWN TO THE PETATIONER D. NO 2-3-396,SPINNING MILL COLONY, LALA CHERUVU, RAJAMANDRY-533016, AP MAIL.ID NADHBU@GMAIL.COM CELL NO 9703511879 6. THE BANK MANAGER, HDFC BANK GROUND FLOOR, 117/1 AND 2,FLOOR, SATHY ROAD, ATHIPALAYAM PIRIVU, PRASHAKTI NAGAR, GANAPATHY, COIMBATORE, TAMILNADU-641006. 7. THE BRANCH MANGAER, HDFC BANK, THANE TALAOPALIGROUND 1,2,3 FLOOR, GIRIRAJ JEWWIS, OPP,GADKARIRANGAYATAN, TALAPALI, THANE WEST, THANE- 400602, MAHARASTRA. ...RESPONDENT(S): Counsel for the Petitioner: 1. KHADER VALI SHAIK Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of the R-4 to issues orders herein more particularly Respondent No -6 and 7 in freezing the entire Savings account by HDFC Bank (R-7) bearing No 01461140068668 IFSC code NO HDFC0000146, at Talapali, Thane west,Thane-400602, Maharastra. on the Complient Ack No. 20206250023917 Dated 05-06-2025 of the Petitioner herein without following the due process of law as being illegal arbitrary and without jurisdiction and consequently direct the Respondent No-4 to forthwith defreeze the Savings bank Account in the Savings account by HDFC Bank (R-7) bearing No 01461140068668 , IFSC code NO HDFC0000146 at Talapali, Thane west, Thane-400602, Maharastra., of the Petitioner.” 2. When the matter is taken up for hearing, Sri Khader Vali Shaik, learned counsel for the petitioner would submit that the petitioner is not accused in crime No.238 of 2025 of Bommuru Police Station, Rajamahendravaram. He further submitted that this account is a salary account of the petitioner and because of the request made by the police, the bank authorities have freeze the account of the petitioner and he could not withdraw his salary from the last three months. 3. Sri Md.Farooq, learned Assistant Government Pleader for Home would submit that during the investigation, notices under Section 94 BNSS were issued to the nodal officers of the concerned banks where the disputed amount was transferred. He further submitted that the petitioner’s bank account was placed on hold owing to its involvement in a disputed transaction 3 carried out on 24.04.2025, involving an amount of Rs. 55,900/-, which was identified as disputed in the NCRP (National Cybercrime Reporting Portal) summary. 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 the petitioner is a sum of Rs.55,900/-. Due to the blanket order to freeze the entire account, respondent Nos.6 and 7-Bank have 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 the bank authorities to de-freeze the account of the petitioner and to keep a lien over a sum of Rs.55,900/-. However, it is clarified that if there are any other independent freeze orders received by respondent Nos.6 and 7unrelating 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 partly allowed. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _______________________________________ Dr.JUSTICEVENKATA JYOTHIRMAI PRATAPA Date:30.10.2025 RSD 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.23981 of 2025 Dt.30.10.2025 RSD