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2025 DAILYLAW 58000 (AP)

KATARI SESHU BABU v. The State of Andhra Pradesh

WP/28248/2021 · 2025-10-22

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010467912021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28248 OF 2021 Between: 1. KATARI SESHU BABU, S/O. KRISHNA BAGAVAN, AGED 49 YEARS, R/O. 59-6-25, KANCHUKOTAVARI STREET, RAMESH HOSPITAL ROAD, RAMACHANDRA NAGAR, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, ANANTHAPURAMU DISTRICT AT ANANTHAPURAMU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. 3. THE INSPECTOR OF POLICE, I TOWN POLICE STATION, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. 4. KOTAK MAHINDRA BANK, M.G. ROAD, VIJAYAWADA BRANCH, VIJAYAWADA, BANK IFSC CODE KKBK0000571, REPRESENTED BY ITS MANAGER, M.G. ROAD, VIJAYAWADA BRANCH. ...RESPONDENT(S): Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28248 OF 2021 ORDER:- The present Writ Petition is filed questioning the highhanded action of the Respondents in freezing the bank account of the Petitioner bearing A/c No. 3511410856581, Kotak Mahindra Bank, M.G.Road, Vijayawada Branch, IFSC Code: KKBK0000571 as illegal and arbitrary. 2. Heard Mr. V. Sai Kumar, learned counsel for the Petitioner and Mr. V. Farooq, learned Assistant Government Pleader, Home for the Respondents. 3. Learned Assistant Government Pleader would submit that investigation is completed in the matter and Charge Sheet also filed on 30.12.2024 and PRC is yet to be numbered by the learned Magistrate concerned. 4. This Court granted interim order dated 07.12.2021 in I.A.No.2 of 2021, which reproduced hereunder: “I.A.No.2 of 2021 in W.P.27979 of 2021, I.A.No.1 of 2021 in W.P.28051 of 2021 And I.A.No.1 of 2021 in W.P.28248 of 2021 In all these three interlocutory applications, the common grievance of the petitioners is that the entire bank account of the petitioners has been freezed and as such, the petitioners find difficulty in carrying on their day-to- day business activities and other activities as they could not operate their respective bank accounts, where in their money has been held up. Therefore, in the said facts and circumstances of the case, in order to strike a balance between the right of the petitioners to operate their bank accounts relating to their own money and the right of the prosecution to freeze the accounts relating to the money involved in the crime in the process of their investigation, this Court is of the considered view that ends of justice would meet if the petitioners are permitted to operate their bank accounts, except to the extent relating to the money that is involved in the crime. Therefore, in the facts and circumstances of the case, the petitioners are permitted to operate their bank accounts, however they shall not withdraw the money involved in this crime which is freezed by the Investigation Officer. The bank authorities, concerned, are directed to permit the petitioners to operate their respective bank accounts and withdraw their money, except the money involved in the crime, which is freezed by the Investigation Officer.” 5. In the light of the interim order dated 07.12.2021 supra, the Writ Petition is disposed of by making the interim order as absolute, subject to result of the Crime No. 561 of 2021 of Ananthapuramu I Town Police Station. 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: 23.10.2025 KK