Perabathini Ashok Kumar, Vs The State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON’BLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 2247 OF 2025

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Between:

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Perabathini Ashok Kumar, S/o. Sreemannarayana Murthy, Aged about 49 years, Occ- Business, R/o. D. No. 25-3/3, KB Singh Street, Narasimha Rao Peta, Eluru District, Andhra Pradesh-534006.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by Principal Secretary Home Department, Secretariat, Velagapudi, Amaravathi.

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The Superintendent of Police, Eluru District, Eluru.

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The Station House Officer, Cyber Ceil, P455plusQ6F Main Bazaz Agraharam, Eluru, Andhra Pradesh-53400i

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The Station House Officer, Eluru II Town Police Station, Eluru District.

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The Union Bank of India, Rep. by its Chief Manager (Branch Head), Ramachandraraopet Branch, KKS Complex Peddadavari Street^ Ramachandraraopet, Eluru, Eluru District.

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Sri Perabathini Chandrasekhar, S/o. Perabathini Sreemannarayana Aged about 52 years, Occ- Business, R/o. Flat No.G-5, rBhavyasri Sitarama Towers, Eluru, Eluru District, Andhra Pradesh-534005

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed 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 Official

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Respondents in freezing the bank account of the Petitioner vide Current Account bearing No.046811100000885 i n Union Bank of India, Ramachandraraopet Branch, Eluru, without any pending crime and without issuing any notice to the Petitioner, as illegal, arbitrary, violation of Principles of Natural Justice, without jurisdiction and violation of Articles 14, I9(1)(g) and 21 of the Constitution of India and set-aside the same.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Official Respondents to de freeze the Current Account bearing No.046811100000885 in Union Bank of India, Ramachandraraopet Branch, Eluru, of the Petitioner.

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Counsel for the Petitioner: SRI PSP SURESH KUMAR

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Counsel for the Respondent Nos. 1 to 4: GP FOR HOME

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Counsel for the Respondent Nos.5 & 6:

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The Court made the following: ORDER

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r

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APHC010037262025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3457]

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(Special Original Jurisdiction)

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MONDAY, THE TENTH DAY OF MARCH

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 2247/2025

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Between:

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Perabathini Ashok Kumar,

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.PSPSURESH KUMAR

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2

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HN,J W.P.No.2247of2025

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1' I ^ i

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The Court made the following Order:

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home for the official respondent^Nos.1to4.

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The learned counsel appearing for the petitioner submits that the petitioner along with his brother, are doing family business, but thereafter, they partitioned in the year 2022. 3. The 6'^ respondent is the petitioner's brother and has been supplying food to hospital patients on a contract basis for the last 18 years. The petitioner has been managing the day-to-day affairs of the business. As per their agreement, the petitioner and the 6*^ respondent were required to share the properties in the ratio mentioned therein. Subsequently, certain disputes arose between the petitioner and the 6*^ respondent. The 6^^ respondent approached the Cyber Crime Cell and sought the freezing of the petitioner's account. On 14.12.2024, at the instance of the 6*^ respondent, the petitioner's bank account was frozen through the Cyber Crime Cell. Consequently, the 5'^ respondent-Bank, issued proceedings dated 23.12.2024, informing the petitioner that the current account was frozen by the Cyber Crime Cell..

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It is submitted by the learned counsel for the petitioner that a Cyber Crime case has been registered against the petitioner. However, the disputes between the petitioner and the 6^^ respondent are purely^financial in nature and do not fall within the domain of Cyber Crime.

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3 HN,J W.P.No.2247 of 2025

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This Court on 12.02.2025 adjourned the matter, granting^time to the Assistant Government Pleader to get instructions as to whether any case was registered against the petitioner for freezing the account of the petitioner. Today, when the matter came up, the learned Assistant Government Pleader for Home submits that, there is no case registered against the petitioner.

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If that is the case, the proceedings of the 5‘^ respondent-Bank freezing the account of the petitioner deserve to be set aside. The respondentBank, without there being any order of the police referring the Crime number in which the bank account deserves to be frozen, has issued the impugned proceedings freezing the bank account of the petitioner and they are liable to be set aside.

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For these reasons, the Writ Petition is allowed and the impugned proceedings of the S**" respondent-Bank dated 23.12.2024 are hereby set aside. There shall be no order as to costs.

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As a sequel. Interlocutory Applications pending, if any, shall stand

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closed.

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//TRUE COPY//

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Sd/- K. TATA RAO DEPUTY REGISTRAR

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To,

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SECTION OFFICER

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The Principal Secretary, Home Department Secretariat, Velagapudf; Amaravathi.

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The Superintendent of Police, Eluru District, Eluru.

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The Station House Officer, Cyber Ceil P455+Q6F, Main Bazaz

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Agraharam, Eluru, Andhra Pradesh-53400i

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The Station House Officer, Eluru II Town Police Station , Eluru District.

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1^'

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The Chief Manager (Branch Head), Union Bank of India, Ramachandraraopet Branch, KKS Complex Peddadavari Street, Ramachandraraopet, Eluru, Eluru District.

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