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2025 DAILYLAW 52501 (AP)

GANESH V v. THE STATE OF AP

WP/36012/2025 · 2025-12-29

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010698342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 36012/2025 Between: GANESH V, S/O U B VENKATESH, AGED 43 YEARS,R/O 99 VISHALA NILAYA, 2ND CROSS 3RD MAIN, J P NAGAR, 4TH PHASE DOLLARS LAY ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY THE PRINCIPAL SECRETARY FOR HOME, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH, 522238. 2. THE INSPECTOR OF POLICE, CYBER CRIME POLICE STATION, 2ND FLOOR, DISHA P.S.BUILDING, YENDADA,JN VISAKHAPATNAM CITY, ANDHRA PRADESH, 530045. 3. KARNATAKA BANK LIMITED, REPRESENTED BY ITS BRANCH MANAGER, JAYANAGAR 9TH BLOCK BRANCH, BANGALORE, KARNATAKA. 560041. ...RESPONDENT(S): Counsel for the Petitioner: 1. JYOTHI RATNA ANUMOLU 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 action of the respondents in freezing the petitioners bank account maintained with the 3rd respondent pursuant to the notice dated 15.11.2025 issued by the 2nd respondent as illegal, arbitrary, unconstitutional and 2 violative of the principles of natural justice and Article 21 of the Constitution of India, and consequently direct the respondents to defreeze the petitioner's bank account.” 2. When the matter is taken up for hearing, Ms.Jyothi Ratna Anumolu, learned counsel for the Petitioner would submit that the Petitioner is not an Accused in Crime No.80 of 2025 on the file of Cyber Crime Police Station, Visakhapatnam and is not connected with the alleged crime. Learned counsel would further submit that freezing of the entire bank account, without there being any nexus to the Petitioner with the alleged crime, is illegal and arbitrary. Hence, prayed to defreeze the account by keeping a lien over the disputed sum of Rs.14,00,000/-. 3. Sri P.Ajay Babu, 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 suspected money which was deposited in the account of the Petitioner is a sum of Rs.14,00,000/-. Due to the blanket order to freeze the entire account, Respondent Nos.3-Bank has freezed the account in its entirety. As such, the Petitioner is unable to operate his account and deal with the money lying therein. 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. 3 5. Considering the submissions and in view of the facts and circumstances of the case, it is apposite to direct Respondent No.3- Bank to defreeze the bank account bearing No.9992505000152701 of the Petitioner and to keep a lien over a sum of Rs.14,00,000/-. However, it is clarified that if there are any other independent freeze orders received by Respondent No.3 unrelating to this incident, they will be at liberty to continue the freeze for such amounts also. With regard to the disputed amount of Rs.14,00,000/-, the Petitioner is at liberty to work out his remedy before appropriate forum. 6. With the above directions, this Writ Petition is disposed of. 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:30.12.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.36012 of 2025 Dt.30.12.2025 Dinesh