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2025 DAILYLAW 55351 (AP)

BAPATLA HARESH KUMAR v. THE STATE OF AP

WP/25428/2025 · 2025-12-04

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010495022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25428/2025 Between: 1. BAPATLA HARESH KUMAR, S/O BRAHMAIAH, AGED 32 YEARS, R/O FLAT NO. 306, YAGANTI PARK, HAILAND ROAD, CHINA KAKANI, MANGALAGIRI MANDAI, GUNTUR DISTRICT. 2. SMT. RAVURI BHANU, W/O BAPATIA HAREESH KUMAR, AGED 31 YEARS, R/O FLAT NO. 306, YAGANTI PARK, HAILAND ROAD, CHINA KAKANI, MANGALAGIRI MANDAI GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP.,BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME SECRETARIAT,VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, MANGALAGIRI RURAL CIRCLE POLICE STATION, MANGALAGIRI, GUNTUR DISTRICT 4. THE STATION HOUSE OFFICER, MANGALAGIRI RURAL POLICE STATION MANGALAGIRI, GUNTUR DISTRICT. 5. SRI ADIPARASHAKTHI CHARITABLE TRUST, REP.BY ITS MANAGING TRUSTEE, UMESH, PATCHIGUNTLAHALLI (AVANI), RAMENALLUR ROAD, MINAJENAHALLI, KOLAR DISTRICT, KARNATAKA STATE-563127. 6. K S ENTERPRISES, REP BY ITS PROPRIETOR, SHADAB HUSAIN, KHASRA NO.337, GRAM BHAINS, ROORKWE ROAD, CHUTMALPUR, BADKALA, SHARANPUR, UTTERPRADESH- 247662. 7. STF ENTERPRISES, M H B COLONY, GAIKWAD NAGAR 322 CHAWL NO. 41, MALVANI COLONY, MORVE ROAD, MALAD WEST MUMBAI MAHARASHTRA. 8. SINDHWAVE ENTERPRISES, STILT FLOOR, PLOT NO. 2, SANGAREDDY, TELANGANA 502001. 9. H INFORMATION TECHNOLOGY, ASHOK NAGAR, RANCHI, JARKHAND -834002.. 10. CICI BANK, MALLANAYAKANAHALLI BRANCH, REP.BY ITS MANAGER, 1/15, MALLANAYAKANAHALLI MULBAJLU TALUQ, 2 KOLAR DISTRICT, KARNATAKA STATE-563136 11. AXIS BANK, MAKHANPUR BAXIS BANK,ANCH, REP.BY ITS MANAGER, GROUND FLOOR, KHASRA NO. 41 MA, KHATA NO. 94 DELHI DEHRADUN ROAD NFI-73, NEAR FI.P PETROL, MAKHANPUR-247661, HARIDWAR DISTRICT, UTTARAKHAND 12. AU SMALL FINANCE BANK, SHOP NO 16, GR FIR, KANAKIA ZILLION LBS CST ROAD, KURLA WEST 13. INDUSIND BANK, PLOT NO. 2, DOOR NO. 4, BALAJI NAGAR, 7- 8/17/51/9/7/A/1, BESIDE COLLECTOR OFFICE, GUNTUR, SANGAREDDY, TELANGANA-502001 14. BANK OF BARODA, DEOGHAR BRANCH JHARKHAND, VIP CHOWK, DEOGHAR, DEOGHAR-814112. 15. STATE BANK OF INDIA, GRAND TRUNK ROAD, MANGALAGIRI, GUNTUR DISTRICT, A.P., PIN CODE- 522503. 16. THE GUNTUR DISTRICT COOPERATIVE CENTRAL BANK TENALI LIMITED, REP.BY ITS MANAGER, A.O COUNTER BRANCH, 2/13, BRODIPET, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 2. K N VIJAYA LAXMI The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the inaction on the part of the respondents particularly the 3rd respondent herein in respect of conducting proper, further investigation in connection with FIR No.356 of 2025 of Mangalagiri Rural Police Station, Mangalagiri, Guntur District i.e. accounts of the petitioners with respondents 15 and 16 banks from the accounts of respondents 5 to 9 with respondents 11 to 14 banks, which were already frozen, arrest of the accused/Account holders, interrogate and to complete the investigation in a speedy manner, as illegal, arbitrary and in violation of the provisions of the Code of Criminal Procedure and to consequently direct the respondent herein to conduct proper further investigation in the above crime particularly for refund/reversal of the amounts to the accounts of the petitioners with respondents 15 and 16 banks from the accounts of respondents 5 to 9 with respondents 11 to 14 banks, which were already frozen, arrest of the accused/Account holders, interrogate and to complete the investigation in a speedy manner, as illegal, arbitrary and in violation of the provisions of the Code of Criminal Procedure and to consequently 3 direct the 3rd respondent herein to conduct proper further investigation in the above crime particularly for refund/reversal of the amounts to the accounts of the petitioners with respondents 15 and 16 banks from the accounts of respondents 5 to 9 with respondents 11 to 14 banks, which were already frozen, arrest the accused, interrogate and to complete the investigation in a speedy manner within a specific period.” 2. Heard Sri K.Jyothi Prasad, learned counsel for the Petitioners and Sri P.Ajay Babu, learned Assistant Public Prosecutor for Home. 3. Learned counsel for the Petitioners would submit that, Petitioner No.1 herein is the Complainant in Crime No.356 of 2025 on the file of Mangalagiri Rural Police Station, Guntur District which is registered for the offences under Sections 318(4) of BNS and Sections 66, 66-D of Information Technology Act, 2000-2008, regarding fraudulent transfer of amounts from his account to the accounts of fraudsters. Learned counsel would further submit that, though the complaint has been registered, there is no progress in the investigation. Let there be a direction to the Investigating Officer in the above crime to look into the grievance of the Petitioners and take appropriates steps during the course of the investigation. 4. Learned Assistant Government Pleader for Home would submit that, investigation in this matter is pending. 5. Considering the submissions made, the Writ Petition is disposed of. The person, who is investigating Crime No.356 of 2025 on the file of Mangalagiri Rural Police Station, Guntur District, is directed to look into the grievance of the Petitioners, since there is no progress in the investigation and to proceed with the matter according to law. Petitioners are also at liberty to 4 approach the Police or the concerned Magistrate’s Court to work out their remedy in accordance with law. 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:05.12.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25428 of 2025 Dt.05.12.2025 Dinesh