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2026 DAILYLAW 1348 (AP)

Nithyanandh v. State of Andhra Pradesh,

WP/8287/2026 · 2026-04-30

Y Lakshmana Rao

body2026

Judgment text

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APHC010160432026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 8287/2026 Between: 1. NITHYANANDH, P,S/O PARAMASIVAMOORTY, AGED ABOUT 53 YEARS, OCC AGRICULTURIST, 61, VIDHYA NAGAR, MEL THINDAL, ERODE, TAMILNADU-638012. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DIST-522238. 2. THE CRIME INVESTIGATION DEPARTMENT, CYBER CRIMES WING, DGP HEADQUARTERS, 1ST FLOOR,MANGALAGIRI, GUNTUR DISTRICT-522503. 3. THE SUPERINTENDENT OF POLICE, CID, DGP OFFICE, MANGALAGIRI, GUNTUR DISTRICT-522503. 4. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, KAKINADA, AP-533003. 5. THE STATION HOUSE OFFICER, SARPAVARAM PS, KAKINADA DISTRICT, KAKINADA, AP-533005. 6. EQUITAS SMALL FINANCE BANK, REPRESENTED BY ITS BRANCH MANAGER, ERODE BRANCH (1107), NEW NUMBER 73, SELVANAYAGI COMPLEX,OPP RELIANCE MALL, ERODE, TAMILNADW638011. 2 ...RESPONDENT(S): Counsel for the Petitioner: 1. SOURI BABU DUPPATI Counsel for the Respondent(S): 1. GP FOR HOME 2. KUNUKU RAJA SEKHAR The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, particularly Respondent No 5. in directing the Respondent No.6to freeze the petitioner's bank account bearing account number 100051018173 under the guise of investigation in a crime on the file of RespondentNo.5 as. illegal, arbitrary, without jurisdiction besides being violative of the fundamental rights guaranteed under Articles 14, 19(1)(g) and 21 of the Constitution of India and also contrary to the procedure contemplated under the provisions of the BharatiyaNagarik Suraksha Sanhita, 2023, and consequently direct the respondents to defreeze the bank account of the petitioner bearing account number 100051018173 in Respondent no.6 branch…” 2. Heard the learned counsel for Petitioner, learned Assistant Government Pleader and learned counsel for Respondent No.6. 3. Mr. D. Souri Babu, learned counsel for the Petitioner, submits that Respondent No.5, having initially directed freezing of the Petitioner’s account, subsequently de‑freezed the entire account on the ground that only a small amount was received as a suspicious transaction. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that Respondent No.5 acted only upon instructions of certain police officials and thereafter de‑freezed the account. 3 5. Mr. Kunuku Raja Sekhar, learned counsel for Respondent No.6, submits that Respondent No.6 froze the petitioner’s account pursuant to a written communication received from the NCRB portal, indicating that an amount of Rs.10,000/- was credited in a suspicious manner. Respondent No.6 marked lien on the said amount and froze the entire account, despite the Petitioner’s request for closure of the account. 6. Having considered the facts and circumstances of the case, since the suspicious transaction involved only an amount of Rs.10,000/-, there was no justification on the part of Respondent No.6 in freezing the Petitioner’s entire account, thereby disabling the petitioner from carrying out transactions through it. 7. Therefore, the Writ Petition is disposed of directing the Respondent No.6 to de-freeze the Petitioner’s bank account bearing Account No.100051018173, while retaining a lien only on the amount of Rs.10,000/-. 8. In the result, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 01.05.2026 Note: Issue C.C. by 04.05.2026 B/o PRA 4 74 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 8287 of 2026 Date: 01.05.2026 Note: Issue C.C. by 04.05.2026 B/o PRA