APHC010190472020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12255/2020 Between: 1. MOOLA SATYANARAYANA,, S/OCHINA SURYANARAYANA MURTHY, AGED ABOUT.60 YEARS OCC RETIRED SBI EMPLOYEE, R/O 1-8-563/1, 1ST FLOOR, OPP SANDHYA THEATRE, NEAR R.T.0 X ROAD, CHIKKADAPALLI, HYDERABAD, TELANGANA. 2. MS.S.HIMABINDU,, D/O S.A RAO, AGED ABOUT 48 YEARS OCC ASST. GENERAL MANAGER, S.B.I, A.R.M.B, S.B.I, HYDERABAD. R/O.HYDERABAD. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, KURNOOL, 4. THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT SPECIAL BRANCH, KURNOOL 5. THE STATION HOUSE OFFICER, KURNOOL III TOWN POLICE STATION., KURNOOL. 2 6. SRI MOHAMMAD ALIBIN HASAN, SKI M.M HASAN, AGED ABOUT 50 YEARS, OCC DOCTOR, R/O 40-814A2, SRINIVASA NAGAR, KURNOOL. ...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 pass an order or direction more particularly one in the nature of Writ of Mandamus declaring that the registration of Crime No.41/2020 on the file of III Town Police Station, Kurnool District under Sections 420, 409 and 506 IPC as against the petitioners and calling the petitioners to the Police Station regularly and interfering with the business of the petitioners bank basing on such false complaint under the guise of investigation as illegal, against public policy, untenable, arbitrary, highhanded and in colorable exercise of powers, unsustainable, motivated, against Law as well as principles of natural justice and consequentially set aside and quash the same as against the petitioners and direct the petitioners to follow Section 32 of SARFAESI Act while registration of crimes in enforcing the powers under the SARFAESI Act by the petitioners and to pass Counsel for the Petitioner(S): 1. K B RAMANNA DORA Counsel for the Respondent(S): 1. GP FOR HOME 2. MOHAMMED ALTAF HUSSAIN 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12255/2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to pass an order or direction more particularly one in the nature of Writ of Mandamus declaring that the registration of Crime No.41/2020 on the file of III Town Police Station, Kurnool District under Sections 420, 409 and 506 IPC as against the petitioners and calling the petitioners to the Police Station regularly and interfering with the business of the petitioners bank basing on such false complaint under the guise of investigation as illegal, against public policy, untenable, arbitrary, highhanded and in colorable exercise of powers, unsustainable, motivated, against Law as well as principles of natural justice and consequentially set aside and quash the same as against the petitioners and direct the petitioners to follow Section 32 of SARFAESI Act while registration of crimes in enforcing the powers under the SARFAESI Act by the petitioners and to pass…” 2. None represented for the petitioners. The present petition is filed seeking a direction to the respondent authorities to follow the Section 32 of SARFAESI Act. 3. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents would submit that in the light of the Interim Orders passed by this Court in I.A.No.1 of 2020 dated 24.07.2020, no further orders are required in this matter. 4. For ready reference the Interim Order passed by this Court in I.A.No.1 of 2020 dated 24.07.2020, is extracted hereunder: 4 “It is submitted by the learned counsel for the petitioners that the first petitioner is a retired employee in the State Bank of India, Hyderabad and the second petitioner is presently working as Assistant General Manager in the State Bank of India, Hyderabad. It is further submitted by the learned counsel that the prosecution initiated against the petitioners herein is a patent abuse of process of law and, strictly following the mandatory provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act. 2002. the subject property was auctioned, as such, petitioners herein cannot be faulted. This issue requires examination. For the aforesaid reasons, there shall be interim stay as prayed for.” 5. In the light of the Interim Order passed by this Court in I.A.No.1 of 2020 dated 24.07.2020, this Writ Petition is disposed of making it as absolute. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.09.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.12255 of 2020 Dated.24.09.2025 UPS 200