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2025 DAILYLAW 50919 (AP)

CITY UNION BANK LIMITED v. THE STATE OF ANDHRA PRADESH

WP/24704/2025 · 2025-09-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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n vy ' ^ !,/ APHC010470312025 ■'5% IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) .■"f" 5 a MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24704 OF 2025 Between: M/s. City Union Bank Limited, Gudur Branch, Rep. by its Branch Manager, M.J.Hari Krishnan, S/o. Jayaraman ML Aged 42 Years, Occ Branch Manager. H.No. 8-202, Hospital Road, Opp.Sangam Theatre, 524101, Tirupati District. Mitrapalem, Gudur- ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Amaravathi. 2. The Superintendent of Police, Tirupati District. 3. The Station House Officer, Gudur Town Police Station, Tirupati District. 4. M/s Fashion Influence Clothing India Private Limited under liquidation. Rep. by its erstwhile Managing Director, Busareddy Chandra Sekhar, S/o. Radha Krishna Reddy, Aged 45 Years, R/o.D.No. 1-1-8, Kadivedu, Chillakur Mandal, Tirupati District. Home Gudur Mandal, Thimmannagaripalem, ...Respondents 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 order or direction more particularly in the nature of writ of MANDUMUS declaring the inaction of the Second and Third Respondents f ■r ' not Registering the Crime and not conducting any Investigation in the Complaint given by the Petitioner ih on 02-08-2023 Respondent for their Fraud committed by them to a Twenty Three Crores Seventy Nine Lakhs Sixty Nine Thousand as on 13-07- 2023), is illegal, contrary to Law, Violation of Principles of Natural contrary to Article 14, 19, and 21 of the Constitution collusion with Fourth Respondent, Third Respondents to Register the Crime and to conduct the Investigation per the Complaint of the Writ Petitioner Dated 02-08-2023. against the Fourth tune of 2379.69 Lakhs( Justice, appears to be in consequently to direct the Second and as lA NO: 1 OF 202fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Second and Third Respondents to Register the Crime and to conduct the investigation as per the Complaint of the Writ Petitioner Dated 02-08- 2023. Counsel for the Petitioner: SRI S SATYANARAYANA MOORTHY Counsel for the Respondents No.1 to 3: GP FOR HOME Counsel for the Respondent No.4: — The Court made the following order: i APHC010470312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24704/2025 Between: I.CITY UNION BANK LIMITED. GUDUR BRANCH, REP. BY ITS BRANCH MANAGER, M.J.HARI KRISHNAN, S/0. JAYARAMAN ML AGED 42 YEARS, 000 BRANCH MANAGER. HOSPITAL ROAD, OPP.SANGAM THEATRE, GUDUR-524101, TIRUPATI DISTRICT. H.NO. 8-202, MtTRAPALEM, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT, SECRETARIAT. SECRETARY, VELAGAPUDl, AMARAVATHI 2.THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT. 3.THE STATION HOUSE OFFICER, GUDUR TOWN POLICE STATION, GUDUR MANUAL, TIRUPATI DISTRICT. 4.M/S FASHION INFLUENCE CLOTHING INDIA PRIVATE LIMITED UNDER LIOUIDATION, REP. BY ITS ERSTWHILE MANAGING DIRECTOR, KRISHNA REDDY, THIMMANNAGARIPALEM. TIRUPATI DISTRICT. BUSAREDDY CHANDRA SEKHAR, S/0. RADHA AGED 45 YEARS, R/O.D.NO. 1-1-8, KADIVEDU, CHILLAKUR MANUAL, ...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 2 pleased to issue a writ order or direction more particularly in the nature of writ of MANDUMUS declaring the inaction of the Second and Third Respondents in not Registering the Crime and not conducting any Investigation in the Complaint given by the Petitioner on 02-08-2023, Respondent for their Fraud committed by them to a tune of 2379.69 Lakhs (Twenty Three Crores Seventy Nine Lakhs Sixty Nine Thousand as on 13-07- 2023), is illegal, contrary to Law, Violation of Principles of Natural Justice, contrary to Article 14, 19, and 21 of the Constitution, appears to be collusion with Fourth Respondent, consequently to direct the Second and Third Respondents to Register the Crime and to conduct the Investigation per the Complaint of the Writ Petitioner Dated 02-08-2023 and to pass lA NO: 1 OF 2025 against the Fourth in as Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Ftigh Court may be pleased to direct the Second and Third Respondents to Register the Crime and to conduct the Investigation as per the Complaint of the Writ Petitioner Dated 02-08- 2023 and to pass Counsel for the Petitioner: I S SATYANARAYANA MOORTHY Counsel for the Respondent{S): I.GP FOR HOME 3 The Court made the following order: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; "...to issue a writ, order or direction more particularly in the nature of writ of MANDUMUS declaring the inaction of the Second and Third Respondents in not Registering the Crime and not conducting any Investigation in the Complaint given by the Petitioner on 02.08.2023, against the Fourth Respondent for their Fraud committed by them to a tune of Rs.23,79,69,000/- (Twenty Three Crores Seventy Nine Lakhs Sixty Nine Thousand) as on 13.07.2023, is illegal, contrary to Law, Violation of Principles of Natural Justice, contrary to Article 14, 19 and 21 of the Constitution, appears to be in collusion with Fourth Respondent consequently to direct the Second and Third Respondents to Register the Crime and to conduct the Investigation as per the Complaint of the Writ Petitioner Dated 02.08.2023 and pass ” Heard Sri S.S.N.Moorthy, learned Counsel for the petitioner and Sri 2. V.Farooq, learned Assistant Government Pleader for Home for the respondents Learned counsel for the petitioner would submit that the relief has 3 become infructuous in this matter Learned Assistant Government Pleader is in attendance. 4 Recording the same, the Writ Petition is dismissed since the relief has 5. become infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR 0-^ //true copy// SECTION OFFICER To, SATYANARAYANA MOORTHY, Advocate [OPUC] High Court of Andhra Pradesh [OUT] 1. One CCto SRI. S 2. Two CCS to GP FOR HOME, 3. Two CD Copies nm HIGH COURT DATED:22/09/2025 ORDER WP NO. 24704 OF 2025 2 8 OCT 2025 y. :(Ns^rrent Section/^ ) DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS