M/S. Spay Technology Pvt. Ltd., Vs the State of Andhra Pradesh

M/S. SPAY TECHNOLOGY PVT LTD., REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR.SACHIN KURLEKAR, WITH ITS REGISTERED OFFICE AT 1ST FLOOR, H-87, SECTOR 63 RD, H BLOCK, SECTOR 62, NOIDA, UTTAR PRADESH - 201301.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE SUPERINTENDENT OF POLICE, ANANTHPURAMU DISTRICT AT ANANTHAPURAMU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH.

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THE INSPECTOR OF POLICE, II TOWN POLICE STATION, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH.

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STATE BANK OF INDIA, REPRESENTED BY ITS BRANCH MANAGER, SAI NAGAR BRANCH, ANANTHAPURAINU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S):

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Counsel for the Petitioner:

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1.JYOTHI RATNA ANUMOLU

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.SATYANARAYANA NIMMALA

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The Court made the following:

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ORDER:

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This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:

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“.... a Writ of Mandamus declaring the high handed action of the respondents herein in freezing the bank account of the petitioner company and creating a lien of an amount of INR 1,00,00,000/- (Rs.One Crore) over the current bank account of petitioner company bearing Account Number 38620312254, IFSC Code SBIN0001422, New Rohtak Road, Delhi SB1 Branch, New Delhi, without there being any official charges on the petitioner company and without giving the petitioner company an opportunity of being heard as highly illegal, arbitrary, unconstitutional and violative of principals of natural justice and in violation of Article 14, 19(1)(g) and 300-A of the constitution of India and consequentially direct the respondent herein to unfreeze and release the lien over the bank Account Number 38620312254, IFSC Code SBIN0001422, New Rohtak Road, Delhi SBI Branch, New Delhi.”

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2. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home would submit that a Coordinate Bench of this Court in the interim order dated 31.01.2022 in I.A.No.1 of 2022 directed the concerned Bank to permit the Petitioner to operate his bank account, except the money involved in the crime. In that view, the petition may be disposed of.

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3. Ms.Jyothi Ratna Anumolu, learned counsel for the Petitioner would submit that the Court may pass appropriate orders.

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4. For ready reference, the interim order dated 31.01.2022 in I.A.No.1 of 2022 passed by a Coordinate Bench of this Court, is extracted hereunder:

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“Therefore, in the facts and circumstances of the case, the petitioner is permitted to operate his bank account, however he shall not withdraw the money involved in this crime which is freezed by the Investigating Officer. The bank authorities, concerned, are directed to permit the petitioner to operate his bank account and withdraw his money, except the money involved in the crime, which is freezed by the Investigating Officer.”

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5. In the light of the above interim order, the Writ Petition is disposed of.

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However, with regard to the money involved in the subject crime, the

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Petitioner is at liberty to work out their remedies before appropriate forum.

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There shall be no order as to costs.

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As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.