APHC010369182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 18761/2025 Between: 1. P. ARUNA DEVI, W/O.YATHENDRAVARMA AGED 50 YEARS, OCC.BUSINESS, RESIDING ATTGV NAGAR, DINNEDEVARAPADU, KURNOOL TOWN, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, KURNOOL, KURNOOL DISTRICT. 3. THE STATION HOUSE OFFICER, KURNOOL TALUK POLICE STATION, KURNOOL, KURNOOL DISTRICT. 4. THE STATION HOUSE OFFICER, CYBER CRIME POLICE STATION, RACHAKONDA POLICE COMMESSIONERATE, HYDERABAD, TELANGANA STATE-500056 5. BANDHAN BANK, REP BY ITS BRANCH MANAGER, ABIDS BRANCH D.NO.4-3-371-A-B1-B2,GROUND FLOOR, DEVKA MAHAL, ABIDS, HYDERABAD-500025. ...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 issue an appropriate writ or order more particularly one in nature of Writ of Mandamus declaring the action of the respondents especially respondent Nos.3 and 4 in not taking steps to release/refund an amount of Rs.37,20,240/- which is seized by the 3rd respondent police in crime No.117 of 2025 lying in the account No.20100036980152 of 5th respondent bank, as illegal, arbitrary and against their obligatory duties and consequently direct the respondent Nos.3 and 4 to take steps forthwith to release an amount of Rs.37,20,240/- which was deposited by the petitioner's in the account No.20100036980152 of the 5th respondent bank and to pass 2 IA NO: 1 OF 2025 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 to direct the respondent Nos.3 and 4 to take steps forthwith to release an amount of Rs.37,20,240/- which was deposited by the petitioner’s in the account No.20100036980152 of the 5th respondent bank, pending disposal of the above writ petition, and to pass Counsel for the Petitioner: 1. SESHADRI GOALLA Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ ... to issue an appropriate writ or order more particularly one in nature of Writ of Mandamus declaring the action of the respondents especially respondent Nos.3 and 4 in not taking steps to release/refund an amount of Rs.37,20,240/- which is seized by the 3rd respondent police in crime No.117 of 2025 lying in the account No.20100036980152 of 5th respondent bank, as illegal, arbitrary and against their obligatory duties and consequently direct the respondent Nos.3 and 4 to take steps forthwith to release an amount of Rs.37,20,240/- which was deposited by the petitioner's in the account No. 20100036980152 of the 5th respondent bank and to pass ....” Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. Learned counsel for the Petitioner would submit that Petitioner is doing stock market business and in the course of the business transaction, he deposited amount for doing business. Thereafter, when he intend to withdraw the amount, his demat account was freezed and thereby, Petitioner was deceived by the Financial Institution. Further, Petitioner filed a complaint and in turn, respondent No.3 registered the same as a case in Crime no.117 of 2025 for the offences under Sections 318(4) of BNS, 66-D of ITA, 2008. Further, by judicial order got released some amounts. In the said crime, Petitioner filed Crl.M.P.No.81 of 2025 and vide Order dated 26.03.2025 learned Judicial Magistrate of First Class, Special Mobile court, Kurnool, directed respondent 4 No.5 Bank to release the freezed amounts from the suspects account and directed respondent No.3 to take steps to transfer the amount from the account of the petitioner. Meanwhile, without prior intimation to respondent No.3, respondent No.4 unauthentically claimed the amount in respect of the crime Nos.315 and 320 of 2025 registered by respondent No.4, though the amounts are not belonged to them. Learned counsel would submit that let there be a direction to respondent No.3 to take appropriate steps for recovery of the amount in compliance of the judicial order passed by the Trial Court. Learned Assistant Government Pleader for Home appearing for respondent Police on instructions would submit that the amount is not available in the suspects account, which was already recovered by respondent No.4. In that view, this Writ Petition is disposed of. Respondent No.3 is directed to take steps for recovery of the amount in the light of the judicial order passed by the concerned Trial Court. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 18761 of 2025 15.10.2025 Mjl /*