1 APHC010181372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 10766/2025 Between: SHANTANU KUMAR, S/O PANKAJ SRIVASTAVA, AGED 35 YEARS R/O. 109/228, RK NAGAR, KANPUR, UTTAR PRADESH. ...PETITIONER AND 1. THE UNION OF INDIA, REP., BY ITS SECRETARY, MINISTRY OF FINANCE NEW DELHI. 2. THE COMMISSIONER, NTR POLICE COMMISSIONERATE, VIJAYAWADA CITY. KRISHNA DISTRICT. 3. THE INSPECTOR OF POLICE, CYBER CRIME P.S, NTR POLICE COMMISSIONERATE. 4. THE HDFC BANK, P ROAD KANPUR BRANCH, PLOT NO.46, BLOCK P, SISAMAU, P ROAD, NEAR LENIN PARK, KANPUR, UTTAR PRADESH. . 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI ...RESPONDENT(S): Counsel for the Petitioner: 1. CKR ASSOCIATES 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: “.... Writ of Mandamus declaring the the action of the 3rd respondent in directing the 4th respondent in freezing/attaching 2 the petitioners bank account (A/c No.50100435184712) in connection with Crime registered in FIR No.57/2024, dated 03.08.2024, on the file of Respondent No.3 as arbitrary, illegal, colourable exercise of power, contrary to the well-established legal principles apart from being violative of the Fundamental and Constitutional Rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the 4th respondent to unfreeze the petitioner’s bank account.” 2. Sri S.V.S.S.Siva Ram, learned counsel for the Petitioner would submit that the Petitioner is a Company Secretary and he received an amount of Rs.2,500/- from Sri Navneet Singh as a legitimate professional fee for filing his I.T returns. Learned counsel would further submit that the bank account of the Petitioner was freezed unnecessarily due to which, the Petitioner is unable to operate his account. It is submitted that the Petitioner is not an Accused in Crime No.57 of 2024 on the file of Ciber Crime Police Station registered for the offences under Sections 318(4) and 319(2) of BNS and Section 66-D of the I.T.Act. It is submitted that the Petitioner is in the third layer even as per the written instructions received from the concerned Inspector of Police. Learned counsel would submit that, let there be a direction to the bank to permit the Petitioner to operate his account. 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 Petitioner, being a Company Secretary, has received an amount of Rs.2,500/- from the account of one Navneet Singh towards 3 legitimate professional fee for filing his I.T returns. Due to the blanket order to freeze the entire account, Respondent No.4 - Bank has freezed the account in its entirety. As such, the Petitioner is unable to operate his account and deal with the money lying in it. Under the guise of investigation, order of freezing the account of the Petitioner, who is not an Accused, 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, the Writ Petition is allowed directing Respondent No.4 – Bank to de-freeze the account of the Petitioner. 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. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:26.09.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.10766 of 2025 Dt.26.09.2025 Dinesh