APHC010111012025 , IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5892 OF 209.*; Between; Sagiraju Aruna, W/o.Somaraju, Aged about R/o.D.No.2-4766, Malavanithippa Village, Kalavapudi West Godavari Qistrict. 45 years, Occ; Business Post, Kalla Mandal ...Petitioner AND rep., by its Secretary, Ministry of Finance, New Delhi, rep., by its Principal Secretary, Home Department, Secretariat Buildings. Velagapudi, Amaravathi, Guntur District. ' 3. The State of Jharkhand Police Headquarters, Dhurwa, Ranchi, Jharkhand-844004. 4. National Cyber Crime Reporting Portal, - Rep., by its Nodal Officer i.e.. The Superintendent of Police, Cyber Crimes, AP CID. t 5. The Superintendent of Police, Vijayawada. 6. The Cyber Crime Police Station, Rep., by its Dy.S.P-cum-O/c/ CID, Jharkand. 1. Union of India 2. The State of Andhra Pradesh rep., by its Secretary, Home Department, Jharkand Cyber Crime Police Station, AP-CID Kutchery Chowk, Ranchi, Jharkhand 7. The HDFC Bank, HDFC House, H.T.Parekh Marg, D.No.165-166 Reclamation, Churchgate, Mumbai, Maharashtra - 400 020. 8. The HDFC Bank, China Amiram Branch Bhimavaram Mandal, West Godavari District. Backbay China Amiram Village ...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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondent No.4 to 6 in directing the respondent Nos.7 and 8 to freeze/attach petitioners bank account No.50200084394945 exercising the powers under Section 106 of the Code of Criminal Procedure, 2023 (BNSS, 2023) pretext of an report is registered with Acknowledgement No.33410240008604, 33410240008620, 33410240008644, 33410240008641 in the respondent No.2 portal, eventhough the petitioner is not at all an accused to any crimes or IS involved in any transaction involving cyber-crimes under the pretext that the petitioner's bank account is involved in suspected transactions arbitrary, illegal, colourable under the as exercise of power, contrary to the well established of the Fundamental and Articles 14,19, 21 legal principles apart from being violative Constitutional Rights guaranteed to the petitioner under and 300- respondents No.50200084394945. A of the Constitution of India and to de-freeze/detach the consequently direct the petitioners bank account lA NO: 1 OF 2n7.<^ Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court direct the respondents No.6 to 8 to de-freeze/detach account No.50200084394945, for the praying that in the circumstances stated may be pleased to the petitioners bank amounts other than Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand), pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI B.ABHAY SIDDHANTH MOOTHA . Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: SRI CHALASANI AJAY KUMAR Counsel for the Respondents: The Court made the following order: 1 APHC010111012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTYEIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5892/2025 Between: 1.SAGIRAJU ARUNA, W/O.SOMARAJU, AGED ABOUT 45 BUSINESS, YEARS MALAYANITHIPPA VILLAGE MANDAL, WEST GODAVARI DISTRICT. OCC R/O.D.NO.2-4766, KALAVAPUDI POST, KALLA ...PETITIONER AND 1.UNION OF INDIA, REP., BY ITS SECRETARY, MINISTRY OF FINANCE, NEW DELHI. 2.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE STATE OF JHARKHAND, REP., BY ITS SECRETARY, POLICE HOME DEPARTMENT, JHARKAND HEADQUARTERS, DHURWA, RANCHI, JHARKHAND- 844004. 4.NATIONAL CYBER CRIME REPORTING PORTAL, - REP., BY ITS NODAL OFFICER I.E. THE SUPERINTENDENT OF 2 POLICE, CYBER CRIMES, AP CID. 5.THESUPERINTENDENT OF POLICE, CYBER CRIME POLICE STATION, AP-CID, VIJAYAWADA. 6.THE CYBER CRIME POLICE STATION, KUTCHERY CHOWK, RANCHI, JHARKHAND, REP., BY ITS DY.S.P-CUM- 0/C/CID, JHARKAND. 7.THE HDFC BANK, HDFC HOUSE, H.T.PAREKH MARG, D.NO.165-166, BACKBAY RECLAMATION, CHURCHGATE, MUMBAI, MAHARASHTRA - 400 020. 8.THE HDFC BANK, CHINA AMIRAM BRANCH, CHINA AMIRAM VILLAGE, BHIMAVARAM MANDAL, WEST GODAVARI 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 pleased to pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondent No.4 to 6 in directing the respondent Nos.7 and 8 to freeze/attach petitioners bank account No.50200084394945 exercising the powers under Section 106 of the Code of Criminal Procedure, 2023 (BNSS, 2023) under the pretext of an report is registered with Acknowledgemen t No.33410240008604 33410240008620, 33410240008644, 33410240008641 in the respondent No.2 portal, even though the petitioner is not at all an accused to any crimes or is involved in any transaction involving cyber-crimes under the pretext that the petitioner's bank account is involved in suspected transactions as arbitrary, illegal, colourable exercise of power, contrary to the well established legal principles apart from being violative of the Fundamental and Constitutional Rights guaranteed to the petitioner under Articles 14,19, 21 and 300- A of the Constitution of India and consequently direct the respondents to de-freeze/detach the petitioners bank account No.50200084394945 and pass 3 lA NO: 1 OF 2025 that in the Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.6 to 8 to de-freeze/detach the petitioners bank account No.50200084394945, for the amounts other than Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand), pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1.GP FOR HOME 2.CHALASANI AJAY KUMAR praying 3. 4 The Court made the following order: The case of the petitioner herein is that the petitioner is a current account holder with the 8^^ respondent vide account bearing No.50200084394945. The petitioner is running aquaculture business and currently has a credit balance of Rs.34,00,000/- in the said account. While so, without issuing any prior notice and without intimation regarding freezing the account of the petitioner, the 8*^ respondent-bank, halted transactions from the petitioner’s account on the ground that the bank received a letter dated 13.10.2024 from the Cyber Crime Police Station. any Heard learned counsel for the petitioner and learned counsel for the respondents. 2. 3. Learned counsel for the petitioner submits that the amount credited to the petitioner’s account, in respect of alleged Cyber Crime is of Rs.3,50,000/-, was clarified pursuant to the letter addressed by the 4'^ respondent herein to the 8‘^ respondent-Ban k on 13.10.2024. But contrary to the information, the 8*'' respondent- Bank frozen the entire amount of the petitioner’s account, thereby causing inconvenience to the petitioner for meeting his day to day business needs restraining for utilization of his funds. Hence, filed the present Writ Petition. 5 On the other hand, learned Standing Counsel for the 8*^ respondent on instructions submits that a notice under Section 94 and 106 of BNSS was issued to the petitioner on 13.10.2024. Pursuant to the request of the Cyber Crime dated 13.10.2024 and as there were no particulars of what exact amount was credited out of the total crime proceeds to the petitioner’s account in the letter forwarded to the 8*'' respondent, petitioner’s account was frozen. In the absence of the same, the plea of the petitioner cannot be considered. As such, prayed to dismiss the writ petition. 4. Cn the other hand, learned Government Pleader for Home submits that they will get instructions regarding the stage of the investigation and the details of the amount credited to the account of the petitioner out of the Cyber Crime proceeds. 5. Perused the material available on record. 6. It observes that the 4'^ respondent/ Cyber Crime Appeals, respondent dated 13.10.2024 requesting the Bank to freeze the petitioner’s account, as the amount credited to the petitioner’s account is part of the proceeds of the Cyber Crime. Pursuant to the said request, the 8'^ respondent acted so and freezed the petitioner’s account without informing the same to the petitioner and without ascertaining what 7. th the 8 Jharkhand, addressed a letter to 6 amount to be withheld. The said action of the respondent-Bank is contrary to the norms of the agreement between the petitioner and the 8*'^ respondent. 8. On perusal of the material placed by the petitioner, out of website of the 4*^ respondent, it is clear and categorical that 06.05.2024 at 12 noon, an amount of Rs.3,50,000/- was credited to the petitioner’s account vide transaction ID/UTR.No.412718318900 . The said amount was forwarded to the vendor of the petitioner to the Union on Bank vide transaction ID/URT NO.HDFCR52024050755014210. Therefore, keeping entire amount of the petitioner, without allowing him to transact, is nothing but taking away his fundamental right of doing business. To protect the interest of the respondents 4 to 6, the amount which was received/ credited into the petitioner’s account should be kept intact for further adjudication/ for realization if requires. In view of the reasons stated above, the 8^^ respondent herein is directed to allow the petitioner to transact with his current account with immediate effect subject to withholding an amount of Rs.5,00,000/- out of the total amount lying with the petitioner’s account. Further, the petitioner shall co-operate with the 9. investigation as and when the respondents 6 to 8 pleases to make further statement for submission any documents whatsoever. 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTAr^EGISTRAR SECTION OFFICER //TRUE COPY// V To, T. UNION OF INDIA, Delhi. 2. The State of Andhra Pradesh, i Department, Secretariat buildings. District. 3. The State of Jharkhand, Jharkand Police Headquarters, 4. National Cyber Crime Reporting Portal, - Rep., by its Nodal Officer i e The Superintendent of Police, Cyber Crimes, AP CID. 5. TheSuperintendent of Police, Vijayawad'a. rep., by its Secretary, Ministry of Finance, New rep., by its Principal Secretary, Home Velagapudi, Amaravathi, Guntur rep., by its Secretary, Home Department, Dhurwa, Ranchi, Jharkhand-844004. Cyber Crime Police Station, AP-CID, 6. The Cyber Crime Police Station, Kutchery Chowk, Ranchi, Jharkhand, Rep., by its Dy.S.P-cum-O/c/ CID, Jharkand. 7. The HDFC Bank, HDFC House, H.T.Parekh Marg, D.No.165-166 Backbay Reclamation, Churchgate. Mumbai, Maharashtra - 400 020. 8. The HDFC Bank, China Amiram Branch, Bhimavaram Mandal, West Godavari 9. One CC to Sri B.Abhay Siddhanth China Amiram Village, District. Mootha, Advocate [OPUC] Andhra Pradesh [OUT] Advocate [OPUC] 10. Two CCs to GP for Home. High Court of One CC to Sri Chalasani Ajay Kumar, Two CD Copies -11. 12. RAM HIGH COURT DATED:28/07/2025 ORDER WP NO. 5892 OF 2025 DISPOSING OF THE WP WITHOUT COSTS /