IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) / MONDAY, THE TWENTY FOURTH DAY OF FEBRU/s^BM. \\ \v TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4018 OF 2025 Between: Periyasamy N, S/o Nallamuthu, Age 48 years, R/o 147, 4th Street, RR Nagar, Kodunagiyur, Chennai, Tamil Nadu- 600118. ...Petitioner AND The State of Andhra Pradesh, rep. by its Principal Secretary (Home Department), Secretariat, Velagapudi, Amaravathi, Guntur District. The Superintendent of Police (S.P), District Police Office, Vizianagaram, Vizianagaram District, Andhra Pradesh. The Station House Officer (SHO), Vizianagaram II Town Police Station Vizianagaram Town, Vizianagaram District, Andhra Pradesh. Superintendent of Police- Cyber Crimes, CID- AP Office of the Addl.Director General of Police, Crime investigation Department, AP DGP Headquarters, First Floor, Mangalagiri, Guntur Urban District, Andhra Pradesh-522503. The Bandhan Bank, rep by its Bank Manager, Bandhan Bank, Puraswakkam Branch, Tamil Nadu. 1. 2. 3. 4. 5. ...Respondents 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 a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in issuing order to freeze the entire bank account No.20100027759009 in Bandhan Bank, Puraswakkam Branch, Tamil Nadu with IFSC Code.BDBL0001869 of the Petitioner's company herein, without following the due process of law and without registration of any FIR, and not considering the Representation made by the Petitioner dt.31.12.2024 as illegal and arbitrary and violative of the principles of natural justice and Article 21, 19 and 300-A of the Constitution of India and consequently direct the Respondents to de-freeze the Petitioner's Bank Account No.20100027759009 in Bandhan Bank, Puraswakkam Branch, Tamil Nadu with IFSC Code.BDBL0001869. r lA 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 Respondents to defreeze the Petitioner’s Bank Account No.20100027759009 in Bandhan Bank, Puraswakkam Branch, Tamil Nadu with IFSC Code.BDBL0001869, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. BHARGAV THIMMARAJU Counsel for the Respondent Nos. 1 to 4: GP FOR HOME The Court made the following order: V APHC010072992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0^^ MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4018/2025 Between; ...PETITIONER Periyasamy N AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1. BHARGAV THIMMARAJU Counsel for the Respondent(S); 1.GP FOR HOME The Court made the following; THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.4018 of 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of seeking the following relief: India “....to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in issuing order to freeze the entire bank account No.20100027759009 in Bandhan Bank, Puraswakkam Branch, Tamil Nadu with IFSC Code BDBL0001869 of the Petitioner’s company herein without following the due process of law and without registration of any FIR and not considering the Representation made by the Petitioner dt. 31.12.2024 as illegal and arbitrary and violative of the principles of natural justice and Article 21, 19 and 300A of the Constitution of India and consequently direct the Respondents to defreeze the Petitioner’s Bank Account No.20100027759009 in Bandhan Bank, Puraswakkam Branch, Tamil Nadu with IFSC Code BDBL0001869 and pass such other order or orders ” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is a retail and wholesale business man, operating his business in the name and style of “NP Traders” situated at 16/25, Sathangadu Road, Shanmugapuram Post Office, Kaladipet, Chennai, Tamil Nadu. For which, the petitioner herein is having a savings bank account with the respondent No.4/ Bandhan Bank, Puraswakkam Branch, Tamil Nadu bearing account No. 20100027759009, IFSC Code BDBL0001869 and he has been doing his banking transactions with the said bank. While so, to the utter surprise of the petitioner, pursuant to the e-mail communication and directions of respondent Nos. 2 to 4, respondent No.5 herein freezed the subject bank account of the petitioner disallowing the petitioner to operate his account from 27.11.2024. As such, all the amount of the petitioner was kept in hold. Immediately, the petitioner herein submitted a representation on 31.12.2024 requesting the respondents herein to defreeze the account. He further submits that in view of the trade transactions somebody might have been credited the amount to the account of the petitioner. Therefore, the credit and amount of the petitioner out of commercial transaction in the course of business cannot be treated as crime proceeds in respect of the petitioner is concerned. He further submits that if the respondents are specific about the amount of crime proceeds credited to the account of the petitioner, such amount can be with held by respondent No.4 and thereafter allow the petitioner to operate his account in respect of the balance amount belonging to the petitioner to perform his day to day transactions since such freezing of the account is causing inconvenience to the petitioner. Hence, the writ petition. On the other hand, learned Government Pleader appearing for the 4. respondents furnished written instructions dated 21.02.2025. the relevant portion of the said instructions is extracted hereunder: \ Basing on the written report of the complainant the then inspector of Police, ll-Town PS, Vizianagaram had registered the same in Cr.No.270/2024 U/s 66-C abd 66-D of ITA 2000-2008 of II Town Police Station, Vizianagaram; and investigated into. During course of investigation it came to light that the amount of the complainant has been transferred to the petitioner account as follows: it as a case Disputed amount Transferred to the account number and name Transferred from account number and name Transaction amount Layer S.No. S. In No. no. cfcfrms 5,00,000 8045096682 (Kotak Mahindra Banl^ 6031052657473 (ICICI) 11620076869 (complainant) 5,00,000 2 28 1 5,00,000 8045096682 (Kotak Mahindra Bank) 603105265473 (ICICI) 30,00,000 3 49 2 5,00,000 20100027759009 (Bandhan Bank) 10,00,000 4 50 3 The above table which was downloaded from CRCRRMS portal and it clearly shows that an amount of Rs.10 lakhs had been credited to account bearing at Bandan Bank petitioner account i.e, No.20100027759009, IFSC code:BDBL0001869, Puraswakkam Branch, Tamil Nadu and in that 10 lakh an amount of Rs.5 Lakh was marked as disputed amount, for which as a part of investigation the then inspector of police had addressed a letter to Branch Manager, Bandhan Bank for the freezing the account as a part of investigation. I i I He further submits that as per the investigation, it is clear and categorical that amount of Rs.5,00,000/- (crime proceeds) was credited to the petitioner’s account. Till completion of the investigation the amount which was credited to the petitioner’s account cannot be appropriated or to be returned to the defacto complainant as per his entitlement. Till then, the amount shall be with held with the bank as freezed amount, apart from that the petitioner has to cooperate with the investigation to complete the same. an 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, this Court is of the considered view that the present writ petition can be disposed of, directing the respondent No.5 to with held an amount of Rs. 5,00,000/- which is specifically instructed by respondent Nos. 2 to 4 and to allow the petitioner to operate his account by keeping the said amount of Rs.5,00,000/- as crime proceeds. However, it is further directed that the petitioner shall cooperate with the investigation with the respondents. If the petitioner is not cooperated with the respondents, the respondents are at liberty to initiate proceedings against the petitioner afresh in accordance with law. With the above said direction, the Writ Petition is disposed of. There 6. shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To, Department), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District, of Police (S.P), District Police Office, Vizianagaram, District, Andhra Pradesh. 1. The Principal Secretary (Home 2. The Superintendent Vizianagaram II Town Police Station District, Andhra Pradesh. 3. The Station House Officer (SHO), Vizianagaram Vizianagaram Town, Vizianagaram L 4. The Superintendent of Police- Cyber Crimes, CID- AP Office of the Addl.Director General of Police, Crime investigation Department, AP DGP Headquarters, First Floor, Mangalagiri, Guntur Urban District, Andhra Pradesh-522503. , Bandhan Bank, Bandhan Bank, Puraswakkam 5. The Bank Manager Branch, Tamil Nadu. 6. One CC to Sri. Bhargav Thimmaraju Advocate [OPUO 7. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC HIGH COURT DATED:24/02/2025 ORDER WP.No.4018 of 2025 I* 2 1 MAR 2025 ^ . Current Section ml ft w; DISPOSING OF THE WP WITHOUT COSTS