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2025 DAILYLAW 52840 (AP)

THANA SHAMEEM v. The State of Andhra Pradesh

WP/40459/2022 · 2025-11-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010682792022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 40459/2022 Between: 1. THANA SHAMEEM, W/O LATE ALLABAKASH, AGED ABOUT 57 YEARS, RIO DOOR NO L-1135-6N-4, NEAR MUMRE CHRUCH, ADAPALA STREET, KADIRI, SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, PUTAPARTHI, SATYA SAI DISTRICT 3. THE INSPECTOR OF POLICE, KAIDIRI TOWN POLICE STATION, SATYA SAI DISTRICT. 4. THE STATION HOUSE OFFICER, KAIDIRI TOWN POLICE STATION, SATYA SAI DISTRICT. 5. THE STATE BANK OF INDIA, REP BY ITS CHIEF MANAGER, KADIRI MAIN BRANCH, KADIRI, SATYA SAI DISTRICT. 6. Y SUJATHA, W/O OBULA REDDY, AGED ABOUT 57 YEARS, R/O CHRUCH, ADAPALA STREET, KADIRI, SATYA SAI DISTRICT. ...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 or order's more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in freezing the account of the petitioner saving bank account bearing no 30524640975 with the 5th respondent bank based upon the letter addressed by the 3rd Respondent to the 5th respondent to freeze petitioner as being illegal, arbitrary and without jurisdiction and consequently direct the Respondents to defreeze the account of the petitioner herein bearing Account No 30524640975 with the respondent No 5, State Bank of India, Kadiri Main Branch, Kadiri Town and be pleased to pass IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to defreeze the saving bank account of the petitioner herein bearing No 30524640975 in the respondent No 5, State Bank of India, Kadiri Main Branch, Kailiri Town pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 40459 of 2022 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ or order's more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in freezing the account of the petitioner saving bank account bearing no 30524640975 with the 5th respondent bank based upon the letter addressed by the 3rd Respondent to the 5th respondent to freeze petitioner as being illegal, arbitrary and without jurisdiction and consequently direct the Respondents to defreeze the account of the petitioner herein bearing Account No 30524640975 with the respondent No 5, State Bank of India, Kadiri Main Branch, Kadiri Town and be pleased to pass…” 2. Heard Sri Sivaprasad Reddy Venati, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents. 3. Learned counsel for the petitioner would submit that an Interim Order dated 15.12.2022, has been passed by a Coordinate Bench of this Court, wherein the petitioner is directed to maintain a minimum balance of Rs.4,50,000/- in her savings account bearing No.00000030524640975, while permitting to operate her account. Learned counsel for the petitioner would further submit that the said amount is not disputed amount. It is alleged against the petitioner in the private complaint that she has to discharge the debt which is due to the unofficial respondent. Learned counsel for the 4 petitioner would further submit that the Court may pass appropriate orders regarding the maintaining of minimum balance of Rs.4,50,000/- is concerned. 4. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate Orders. 5. Considering the submissions and as can be seen from the Interim Order passed by a Coordinate Bench of this Court dated 15.12.2022, a direction has been given to the respondent No.5 to permit the petitioner to operate her Savings Account bearing No. 00000030524640975, subject to the condition that a minimum balance of Rs.4,50,000/- shall be maintained in the said account. In that view, it is apposite to dispose of the present petition giving liberty to the petitioner to file appropriate application before the concerned Court where the case is pending regarding the release of Rs.4,50,000/-. 6. In the result, this Writ Petition is disposed of. 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: 06.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.40459 of 2022 Dated.06.11.2025 UPS 209