Allowed

Chatla Nagabhushanam v. The State of Telangana

Telangana HC11 Oct 2023WP/19996/2023

Case brief

AI extract

What is this about?

Petitioner challenged the freezing of his bank accounts argued that police failed to comply with Section 102 Cr.P.C reporting requirements. High Court held the freezing order illegal and arbitrary due to procedural lapses. Court quashed the order and directed banks to defreeze accounts.

What did the court decide?

Impugned letters of freezing accounts dated 06.07.2023 set aside. Respondent-banks directed to defreeze petitioner's accounts forthwith.

Chatla Nagabhushanam Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE ELEVENTH DAY OF OCTOBER TWO THOUSAND AND IWENTY IHREE

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PRESENT

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THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

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WRIT PETITION NO: 19996 OF 2023

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Between:

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Chatla Nagabhushanam, S/o.Gnaneshwar Aged about 38 Years, Occ. Business, R/o. PIot No.14, Road No.10 Sree Maruthi Nagar, Badangpet, Balapur Ivlandal, Ranga Reddy District.

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...PETITIONER

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AND

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The State of Telangana, Rep by its Principal Secretary, Department of Home, Secretariat, Hyderabad.

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The Commissioner of Police, Hyderabad.

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The Circle.lnspector of Police CCS (Cenkal Crime Station), Nampally, Hyderabad.

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The Sub lnspector of Police CCS, Nampally, Hyderabad.

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The Branch Manager, Union Bank, Karmanghat Branch, Hyderabad, Telangana.

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The Branch Manager, Canara Bank, Jillelguda Branch, Hyderabad, Telangana.

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..-RESPONDENTS Petition under Arlicle 226 oF the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declare the action of the Respondent Nos.5 and 6 in freezing petitioner accounts by Respondent. Nos.5 and 6 in freezing my accounts respectively accounts bearing Nos NC.5489214OO0022, Canara Bank, Jillelaguda Branch, Telangana and Union Bank Karmangat Branch A/C.15101 1100002652 in respect of Crime No.195/2023^pS CCS DD as being illegal and arbitrary

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lA NO: 1 OF 2023

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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 suspend the freezing proceedings vide Letter No.'1510/Mis/36 dated.19.07.2023 and Letter dated.19.07.2023 respectively passed by the Respondent Nos.5 and 6

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herein respectively petitioner's accounts b,--aring No's NC.548921400OO22, Canara Bank, Jillelaguda Branch, Telangana znd Union Bank Karmangat Branch AJC 151011100002652 in respect of Crinre No 195/2023 PS CCS DD, Hyderabad pending disposal of the above writ petition

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Counsel for the Petitioner: M/s. AYESHA SABA

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

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Counsel for Respondent Nos. 5 & 6: ---

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The Court made the following: ORDER

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TTIE HON'BLE SRI JUSTICE C.V. BHASKAR^REDDY

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UIRIT PETITION No. 19996 of 2023

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ORDER:

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This Writ Petition, under Article 226 of the^{Constitution of}

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India, is hled by the petitioner, seeking the following^relief

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"...to issue an appropiate Writ, order or^{DlrectionmorepanticuLarlgone} in the nttture of Wit of Mandamus^{declaretheaction of the Respondent} Nos.S & 6 in freeztng^petitioner accounts^{bg Respondent Nos.S and.6 in} fieezing^{myaccoultsrespectiuelg accountsbearing Nos.A/C} 5489214000022. Canqrq Bo.nk, Jttlelaguda^{Branch, Telangana and} Llnion Bank Karlnangh(lt Branch A/C.151011100002652^{in respectof} Cime No. 195/ 2023^{PS CCSDD as being illegaland arbitraryand pass} such other order. .^. .."

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lt is the case of the petitloner that^{he is having SavingsBank} Accounts with respondent Nos.5 and 6-banks^{vide Account Nos} 54a92l4OOOO22 vice and 151011 |00002652 respectively and regularly operating the said accounts.^{lt is his further case that} respondent No.3, addressed letter^{Nos.195/Cr./2O23lSZCT/SZl} CCSIDD /2023 dated 06.07.2023^{to respondentNos.Sand 6- banks} requesting to freeze his^{accountson the ground that a case in Crime} No.195 of 2023 was^{registered againsthim forthe offences} punishable under Sections 420,^{506 read with 34 of IPC and the} same is^{pending.The contentionof the petitioner is that the said} letters were not issued in accordance^{with Section1O2 Cr.P.C,which} specihcally states that^{"Every police officeracting under sub-section}

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( l ) shall forthwith report the seiz:re to the^{Magistratehaving} jurisdiction'

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A counter affidzrvit has been fited by the^{rcspondentNo.3 inler} alia stating that as per the available records,^{the petition€r involved} in criminal cases, which are^pendinll for^{trial/ invcstigation;during} the course of invcstigation in connection^{with Crime No.195 of 2023,} a notice under Section 41-A of^Cr.P.C has^{beenissuedlothc} petitioncr but so far he did not subrnit explanation nor^cooperated u'ith the investigation agency; he is an habitual^{deceiver; and if the} account of the petitioner is de-freez<:d there^{rnay be every chance} that the petitioner may repeat the offence and trap the^gullible people.

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The learned Assistant Governmt:nt Pleader^{lor Home appearing} for the respondent Nos. 1 to 4 has not^placed any^{record to deny the} contention of the^petitioner that the respondents No.3 has^not foltowed the procedure as contemplatt:d under Section^{1O2 Cr.P.C to} frceze the bank accounts of the^petitioner.

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As per sub-Section (3) of Sec,ion 102 Cr.P.C, every^police officer acting under Sub-Section⁽¹⁾ shall^{forthwithreport} the^seizure to the Magistrate having^jurisdiction a;rd where the^property scized is such that it cannot be, conveniently transported to the Court or

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where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal ol the same. In the instant case, the respondent No.3 has not informed the seizure of the bank accounts of the petitioner to the concerned Magistrate and has not followed the procedure as contemplated under Section 1O2 of Cr.P.C and therefore, this Court is of the opinion that the impugned letter Nos.195/Cr./2023/SZCT ISZICCSIDD/2023 dated 06.07.2023 issued by the respondent No.S amounts to non-application of mind and accordingly, the same are liable to be set aside.

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In the result, this Writ Petition is allowed and the impugned letter Nos.195/Cr. /2023lSZCT /SZICCS /DD 12023 dated 06.07.2023 issued by the respondent No.3 are hereby set aside and the respondent Nos.4 and S-banks are directed to defreeze the bank accounts of the petitioner, forthwith. Il bank accounts of the petitioner are required to be seized for the purpose of investigation, the respondents shall follow the procedure as contemplated under Section lO2 Cr.P.C.

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As a sequcl, miscellaneous applications pcnding if any in this

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u'rit pctirion, shall stand closed. No costs

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SDi- C. PRAVEEN^KUMAR ASSISTANT^REGIST/RAR

//TRUE^COPY//

SECTION^OFFICER

To. 1 The Prtncipal^{Secretary, Department of l-lome' State of Telangana'} Secrelariai. Hvderabad.

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z. if,e^{Commissionerof Police Hyderabatl} i iii; c;;; i;spe.io,^{or poriie dcs (cer'tralcrimeStation)Nampallv} Hvderabad. 4 irlJlrulnio".tor^{of PoliceCCS,Namgrally, Hyd-erabad} , . 5 ii]; B;;ti[6ig"r,^{un.n Bani,KarnrarighatBranch' Hvderabad} Telanqana. 6 iXJ eir;i"n^{I,4anager, Canara Bank, Jill'-'lguda Branch' Hvderabad'} Telanqana. 7 o"e iC t. I.4/s.^{Avesha SabaAdvocate [OPUC]} B i;; ;6;il'cF^{r6i nome Hish court rjr the siate of Telansana [oUT]} 9 Two CD Copies N,lBC LS

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HIGH COURT

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DATED: 1111012023

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ORDER

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WP.No.19996 of 2023

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

Chatla Nagabhushanam v. The State of Telangana

Case brief

What is this about?

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Chatla Nagabhushanam v. The State of Telangana

Case brief

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