M/s. Mcj and Co. v. The State of Andhra Pradesh

Andhra Pradesh HC4 Nov 2025WP/5800/2022

Case brief

AI extract

What is this about?

Bank account freeze/unfreeze; writ of mandamus under Article 226; Articles 14, 19(1)(g) and 300-A; HDFC Bank Besant Road Branch Vijayawada account 5200036913818 IFSC HDFC0009380; Superintendent of Police and II Town Police Station, Ananthapuramu; interim order dated 11.03.2022 made absolute; Rs. 20,00,000/- frozen pending outcome of crime; interim orders in W.P.No.27597 of 2021 and batch in same crime number; High Court of Andhra Pradesh at Amaravati; Dr. Justice Venkata Jyothirmai Pratapa; writ petition disposed; no order as to costs.

What did the court decide?

Petitioner permitted to operate the bank account subject to the deposit of Rs. 20,00,000/- remaining subject to the outcome of the crime in connection with which the account was frozen; no order as to costs; pending miscellaneous petitions, if any, stand closed. ¶¶35

M/s. Mcj and Co. Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the freezing of the petitioner's bank account (Ac. No. 5200036913818, HDFC Bank, Besant Road Branch, Vijayawada) despite no charges against the petitioner and without an opportunity of being heard was illegal, arbitrary and violative of Articles 14, 19(1)(g) and 300-A, and whether the interim order permitting operation of the account subject to a frozen sum of Rs. 20,00,000/- should be made absolute.

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Court's answer

The Writ Petition is disposed of, with the interim order dated 11.03.2022 — permitting the petitioner to operate the bank account while keeping Rs. 20,00,000/- frozen — effectively made absolute, as jointly sought by counsel for the petitioner and the Assistant Government Pleader for Home.

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Ratio / Principle

The deposit of Rs. 20,00,000/- shall be subject to the outcome of the crime in connection with which the petitioner's bank account was frozen.

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Detailed headnote1 paragraphs

Andhra Pradesh High Court (Dr. Justice Venkata Jyothirmai Pratapa) disposed of a writ petition under Article 226 filed by M/s. MCJ and Co. challenging the freezing of its HDFC Bank account (Ac. No. 5200036913818) by the Andhra Pradesh police respondents as illegal, arbitrary and violative of Articles 14, 19(1)(g) and 300-A. Recording the consensus of both sides, the Court disposed of the petition on the lines of the interim order dated 11.03.2022 (consistent with earlier interim orders in W.P.No.27597 of 2021 and batch in the same crime number): the petitioner may operate the bank account, while the deposit of Rs. 20,00,000/- remains subject to the outcome of the crime in connection with which the account was frozen. No order as to costs; pending miscellaneous petitions closed (order dated 05.11.2025).

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APHC010077042022

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

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[3396]

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WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5800/2022

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Between:

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M/S. MCJ AND CO., D. NO. 39-12-1/1, TURLAPATI, KUKUMBARAO STREET, LABBIPETA, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS KARTA MAHESH CHAND JAJU, S/O. PURUSHOTHAM DAS, AGED 50 YEARS.

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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 BUILDINGS AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE SUPERINTENDENT OF POLICE, , ANANTHAPURAMU 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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HDFC BANK, BESANT ROAD BRANCH, VIJAYAWADA, AC. NO. 5200036913818, BANK IFSC CODE HDFC0009380, REPRESENTED BY ITS MANAGER, BESANT ROAD BRANCH, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.V SAI KUMAR

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.M P KASHYAP

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The Court made the following: ORDER:

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This Writ Petition is filed under Article 226 of Constitution of India with

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the following prayer for:

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“.... to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the high handed action of the

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respondents herein in freezing the bank account of petitioner bearing Ac.No. 5200036913818, HDFC Bank, Besant Road Branch, Vijayawada, Bank IFSC Code HDFC0009380 without there being any charges on the petitioner and without giving the petitioner an opportunity of being heard as highly illegal, arbitrary, ,_.nconstitutional and violative of principles of natural justice and in violation of Article 14, 19(1)(g) and 300-A of the constitution of India and consequentially direct the respondents herein to unfreeze the bank account of the petitioner bearing Ac.No. 5200036913818, HDFC Bank, Besant Road Branch, Vijayawada, Bank IFSC Code HDFC0009380. ”

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Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home and the learned counsel for the respondent No.4.

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Learned counsel for the petitioner would submit that the interim order dated 11.03.2022, permitting the petitioner to operate the account by freezing an amount of Rs. 20,00,000/-, may be made absolute and that the petition may accordingly be disposed of.

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Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate orders by making the interim order absolute.

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For ready reference, the interim order dated 11.03.2022 in W.P.No.5800 of 2022 is extracted hereunder:-

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“In view of the seriousness of the issue involved learned Government Pleader for Home wish to file a counter.

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Learned Government Pleader also agrees that in W.P.No.27597 of 2021 and batch a learned single Judge of this Court (in the very same crime number) passed interim orders permitting freezing of the bank account only upto the amount involved in the crime. Rest of the amount is permitted to be operated. Therefore, in the light of the said orders passed in the very same crime the petitioners are permitted to operate their bank accounts, but the amount that is involved in the crime viz., a sum of Rs.20,00,000/-, as detailed in

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the notice, shall not be used or operated. Only for the remaining amount the petitioners are given liberty to operate the account. This arrangement is only a temporary measure in view of the difficulty expressed and in view of the earlier orders passed in the very same crime. The petitioners’ counsel is permitted to serve a copy of this order on their bankers and thereafter operate the accounts as stated above.”

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In that view, the Writ Petition is disposed of. However, the deposit of Rs. 20,00,000/- shall be subject to the outcome of the crime in connection with which the petitioner’s bank account was frozen. There shall be no order as to costs.

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

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__________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J

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Date: 05.11.2025 ASR

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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W.P.No.5800 of 2022

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