A.
A
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE SIXTH DAY OF MAY
TWO THOUSAND AND TWENTY FOUR |
PRESENT \
THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY
WRIT PETITION NO: 32911 OF 2023
Between:
Vatsavai Kamala, W/o Vatsavai Ramalinga, Hindu aged
about 65 years, D.No.
15-1-113, Flat No. A3, 3^^^ Floor, Dolphin Apartments,
Maharanipeta
Visakhapatnam.
...PETITIONER
AND
1. State of Andhra Pradesh, Rep by it Principal Secretary
to Home,
Velagapudi, Amaravati Secretariat Buildings,
2. The Director General of Police, Mangalagiri. Andhra
Pradesh.
3. Commissioner of police, Vijayawada City, NTR District.
4. Addl. Deputy Commissioner of Police, i/c Assistt. Commissisoner of
Police, Crimes, Vijayawada City.
5. Station House Officer, Atukuru Police Station, Vijayawada
City.
6. The Branch Manager, State Bank of India, 1 Town,
Vijayawada.
...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
herein in freezing the savings account of the petitioner
bearing
No.32003795586 in State Bank of India, Branch Code;15101,
Visakhapatnam, as illegal arbitrary and violative of
Articles 14, 16 and 21
of the Constitution of India and consequentially to
direct the respondents to
release the savings account of the petitioner bearing
No.32003795586 in
state Bank of India, Branch Code:15101, Visakhapatnam and to be
pleased to pass such other order or orders may deemed fit and proper in
the circumstances of the case.
lA NO: 1 OF 2023
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 release the savings account of the
petitioner bearing No.32003795586 in State Bank of India, Branch Code:
15101, Visakhapatnam, pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRI. CHALLA AJAY KUMAR
Counsel for the Respondent Nos.1 to 5: GP FOR HOME
Counsel for the Respondent No.6:
The Court made the following: ORDER
<
APHC010636652023
IN THE HIGH COURT OF ANDHRA
PRADESH
[3327]
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE SIXTH DAY OF MAY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 32911/2023
Between:
...PETITIONER
Vatsavai Kamala
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.CHALLAAJAY KUMAR
Counsel for the Respondent(S):
1.GP FOR HOME
The Court made the following:
ORDER:
This Writ Petition is filed for the following relief:
"to issue a writ, order or direction more particularly
one
in the nature of Writ of Mandamus deciaring the action of
the respondents herein in freezing the savings account of
the petitioner bearing No 32003795586in State Bank of
India Branch Code 15101 Visakhapatnam as illegal
arbitrary and violative of Article 14 16 and 21 of the
Constitution of India and consequentialiy to direct the
respondents to release the savings account of the
2
petitioner bearing No 32003795586 in State Bank of
India Branch Code 15101 Visakhapatnam and to be
pieased to pass such other order or orders may deemed
fit and proper in the circumstances of the case and
pass
such other orders..."
2. Grievance of the petitioner is that a case in Crime
No.264
of 2021 of Atkuru Police Station, was registered as
against the
accused who is the family friend of the petitioner
herein for the
offences punishable under Sections 420, 468, 471 and
406 IPC,
for misappropriation of funds to a tune of Rs.5,00,000/-.
The
accused, who is the family friend of the petitioner
herein,
transferred the said amount of Rs.5,00,000/- to the
account of the
petitioner and instructed the petitioner to withdraw
the same and
handover the same to the person sent by the accused.
Thereafter, the police arrested the accused and seized
all the
assets and bank accounts of the accused. On coming
to know
that the said amount of Rs.5,00,000/- was transferred
to the
account of the petitioner herein, the police, without
following due
procedure as contemplated, freezed the account of the
petitioner
herein.
3. Learned counsel for the petitioner submits that the
petitioner herein was not shown as accused in the aforesaid
Crime No.264 of 2021, and by virtue of the said act
of the police
in freezing the bank account of the petitioner, the
petitioner is not
in a position to operate her account.
4. Respondent No.5 filed counter affidavit stating that
the
accused transferred the said amount of Rs.5,00,000/-
to the
account of the petitioner and as per the instructions,
the petitioner
withdrew the said amount and handed over to the person
sent by
the accused.
5. In view of the said reasons, the respondent police
are
directed to permit the petitioner herein to operate
the bank
account by freezing the account of the petitioner to
the extent of
Rs.5,00,000/-.
6. Accordingly, the Writ Petition is disposed of. There
shall be
no orders as to costs.
As a sequel thereto, the miscellaneous petitions, if
any,
pending in this Writ Petition shall stand closed.
Sd/- S. SRINIVASA PRASAD
I
ASSISTANT registrar
!
//TRUE COPY//
SECTION OFFICER
To,
1. The Principal Secretary to Home, State of Andhra
Pradesh Secretariat
Buildings, Velagapudi, Amaravati, Guntur District.
2. The Director General of Police, Mangalagiri, Andhra
Pradesh.
3. The Commissioner of Police, Vijayawada City, NTR
District.
4. The Addl. Deputy Commissioner of Police, i/c Assistt.
Commissisoner of
Police, Crimes, Vijayawada City.
5. The Station House Officer, Atukuru Police Station,
Vijayawada City.
6. The Branch Manager, State Bank of India, 1 Town,
Vijayawada.
7. One CC to Sri. Challa Ajay Kumar, Advocate [OPUC]
8. Two CCs to GP for Home, High Court of Andhra Pradesh.
[OUT]
9. Three CD Copies.
gi
Note:- The Amount “Rs.5,00,00,000/-
is corrected as “Rs.5,00,000/-
in Order portion as per the Court’s Order dated: 25.04.2025
in
IA.No.1 of 2024. Substitute this amended Order is place
of earlier
Order which was dispatched on 22.05.2024.
Sd/- P.U.V. BHASKAR RAO
ASSISTANT REGISTRAR
HIGH COURT
DATED:06/05/2024
25/04/2025
AMENDED ORDER
WP.No.32911 of 2023
* 01 MAY 2025
%
^ . Current Section
XiaggaPATCW^S!
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS