KONERU MARUTHI PRASAD @ MARUTHI RAO v. THE STATE OF AP
WP/17757/2025 · 2025-09-15
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48130 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48130 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010349322025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION No. 17757/2025 Between:
1. KONERU MARUTHI PRASAD @ MARUTHI RAO, S/O.VENKATARAMAIAH, AGED 54 YEARS, OCC BUSINESS, R/O 6. NO.121, SANKAR NAGAR, M.G.ROAD, CHENNAI.
...PETITIONER AND
1. THE STATE OF AP, REP BY PRINCIPAL, SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE DIRECTOR OF GENERAL POLICE, MANGALAGIRI GUNTUR DISTRICT. .
3. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT.
4. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME INVESTIGATION DEPARTMENT, NELLORE, SPSR NELLORE DISTRICT.
5. THE INSPECTOR OF POLICE, PODALAKUR CIRCLE, PODALAKUR, SPSR NELLORE DISTRICT.
6. THE STATION HOUSE OFFICER, MANUBOLU POLICE STATION, PODALAKUR CIRCLE MANUBOLU, SPSR NELLORE DISTRICT
7. THE HDFC BANK CPALLAVARAM BRANCH, REP BY ITS BRANCH MANAGERAUTHORIZED OFFICER, C-PAILAVARAM, CHENNAI, STATE OF TAMIL NADU.
...RESPONDENT(S): 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, an order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 3 to 6 in not considering the Petitioners Representation dated 01.05.2025 submitted for sending a communication to the 7TH respondent about de-freeze of his current Account No.20502000001593, HDFC Bank, C-Pallavaram Branch, Chennai as illegal, arbitrary, contrary
2 to the procedure established under law and violation of the fundamental rights guaranteed under Article 14 and 21 of the Constitution of India and consequently direct the 7TH respondent to allow the Petitioner to operate his current account and pass
Counsel for the Petitioner:
1. PENUMAKA VENKATA RAO
Counsel for the Respondent(S):
1. SPL.PUBLIC PROSECUTOR FOR CID
The Court made the following:
ORDER:
This Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner, for the following relief:
“.... to issue a writ, an order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 to 6 in not considering the Petitioners Representation dated 01.05.2025 submitted for sending a communication to 7th respondent about de-freeze of his current Account No.20502000001593, HDFC Bank, C-Pallavaram Branch Chennai as illegal, arbitrary, contrary to the procedure established under law and violation of the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently, direct the 7th respondent to allow the Petitioner to operate his current account and pass ....”
Heard learned counsel for the Petitioner and Learned Special Public Prosecutor appearing for respondent-State. Perused the material on record.
Learned counsel for the Petitioner would submit that the Law and
Order Police registered a case against Petitioner/A.1 and A.2 to A.7 vide Crime No.04/2018 of Narayanavanam Police Station, Puttur Circle, Chittoor District, for the offences punishable under Sections 353, 307,
3 341, 120(b) read with 34 IPC and Sections 53 and 63 of Indian Food Safety and Standard Act, 2006 and Section 8(c) read with 20(b)(ii)(c) of NDPS Act, 1985 and Section 192 of the M.V.Act. Thereafter, the case was transferred to CID Police and again transferred back to the Law and Order Police Station. The police after completion of investigation filed charge sheet vide NDPS SC.No.34/2023 on the file of the Court of I Additional District and Sessions Judge, Nellore, SPSR Nellore District. The Petitioners/A.1 to A.3, A.5 to A.7 and A.10 filed Criminal Petition No.1802 of 2024 seeking quash of the proceedings in NDPS SC.No.34/2023. A Coordinate Bench of this Court vide Order dated 24.02.2025 partly allowed the Criminal Petition and the quashed the proceedings against the Petitioners therein for the offence under Sections 272, 273 IPC, Section 58 of Food Safety and Standard Act, 2006 and U/s.20(b)(ii)(B) r/w.8(c) of the NDPS Act, 1985 and the proceedings against the petitioners therein for the offence under Sections 120-B, 353 r/w.34 IPC and Section 192 of M.V.Act shall proceed with as per the procedure established by law. Further, on 07.12.2018, the respondent No.7/Bank authorities addressed a letter dated 07.12.2018 to the Petitioner/A.1 stating that in view of the written information received from the Police, the account of the Petitioner is blocked. Learned counsel requested to defreeze the account of the
4 Petitioner/A.1, considering the fact that the criminal petition is partly allowed by this Court. Learned Special Public Prosecutor would fairly concede to the said submissions and would submit that this Court may pass appropriate orders. The grievance of the Petitioner herein is that respondent No.7 bank authorities blocked the account of the Petitioner/A.1 in view of registration of Crime against him and the petitioner by way of this Writ Petition seeks a direction to bank authorities to defreeze his account since the major offences are being quashed by this Court.
Considering the submissions, having regard to the facts and circumstances of the case and in the light of the quash of case against the Petitioner for the principal offences, it is apposite to direct respondent No.7/Bank to take necessary steps to de-freeze the bank account of the Petitioner and allow him to operate the account. Accordingly, Writ Petition is allowed. No order as to costs. Pending applications, if any, shall stands closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/*
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Writ Petition No.17757 of 2025
16.09.2025
Mjl/*