Disposed

Yesala Kameshwar Rao @ Vollaknati Raja, @ Mahesh @ Vijay v. The State of Telangana

Telangana HC4 Oct 2024WP/27358/2024

Case brief

AI extract

What is this about?

Petitioner challenged police-directed freezing of his two bank accounts during a BNS investigation. The State reported that the SHO had already issued BNSS Section 94 letters to both banks for defreezing. The Court directed the banks to act on those letters within one week and disposed of the petition without costs.

What did the court decide?

Respondent Nos.3 and 4 banks directed to act upon letters dated 03.10.2024 and defreeze petitioner's accounts within one week of receipt of copy of order; no costs.

Yesala Kameshwar Rao @ Vollaknati Raja, @ Mahesh @… — Banking and Recovery | Telangana HC (2024)

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

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FRIDAY,THE FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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J WRIT PETITION NO:2 7358 0F 2024

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Between:

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Yesala Kameshwar Rao @ Vollaknati Raja, @ IVahesh @ Viiay, S/o. Appuyyg,.^{Aged. about. 40 Years, Occ. BLisineis,F/o. Sadswaii 'nagar,} Rajyalakshmi Tfeatqr back_side, Uppal, IVedchal. N/o. Lingata (Viila6e), Vassavaji (tMandal), Krishna District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Principal Secretary, Home Department, Telangana

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2 The Station House Officer, Police Station Jeedimeila, Medchal-Malkajgiri

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...RESPONDENT

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3 U.nion Bank of l$a (Erstwhile Andhra Bank), Vatsavai Branch Rep by Branch Manager, Opp. ZP High School, Vatsavai, Andhra pradesh.

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4 YES Bank, Abids Branch Rep by Branch Manager, Abids, Hyderabad, Telangana.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction or writ, more particularly in the nature of WRIT OF MANDAMUS declaring the action of 3rd and 4th respondent (bankers) in debit freezlng the bank accounts of petitioner bearing savings fuc No. 229710100092770 (UBl erstwhile ANDHRA BANK) and Atc No. 042451100005369 (YES BANK), at the instance of 2nd respondent (police), as illegal, arbitrary and against the principles of natural justice and consequen y direct the 3rd and 4th respondent (bankers) to defreeze the supra mentioned bank accounts forthwith, in the interest of justice

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lA NO: 1 OF 2024

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Petition under Section^'15'1 CPC^praying that in the circumstances^statedin the affidavit filed in support of the^petition, the High Court^{may be pleased to direct} and 4th respondent ( bankers ) to defreeze the^{petitioner's savingsaccount No.} 229710100092770 ( Union Bank of lndia, erstwhile Andhra^Bank )^{and Ac. No.} 042451100005369 ( YES BANK ) forthwith in the interest of^justice

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Counsel for the Petitioner: SRl. CH VENKAT REDDY

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Counsel for the Respondent NOs.1&2: AGP FOR HOME

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Counsel for the Resipondent NO*8&4: --

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The Court made the following: ORDER

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THE IIONOURABLE SRI JUSTICE B. VTJAYSEN REDDY

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WRIT PETITION No.27358 OF 2024

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ORDER:

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This writ petition is hled by the petitioner seeking to declare the action of respondent Nos.3 and 4 in freezing his bank accounts No.229710100092770 (Union Bank of India) and 042451100005369 (Yes Bank) at the instance ofrespondent No.2, as being illegal and arbitrary.

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Heard leamed Counsel for the petitioner and leamed Assistant Govemment Pleader for Home.

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Leamed Assistant Government Pleader for Home, having received written instructions dated 04. 10.2024 from Sub-Inspector of Police, Jeedimetla Police Station, submitted that on the complaint lodged by one Mrs. Korvar Anjali, a case in Crime No.637 of 2024 was registered with Jeedimetla Police Station for the offences punishable under Section 318(4) read with Section 3(l) of the Bharatiya Nyaya ffiita 2023 (BNS) against the petitioner - accused No.l and two (2) others. Petitioner was arrested on 20.07 .2024 and sent to^judicial remand. In view of the

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involvement of^{the petitionerin the crime,respondent No'2 - the} Station House^{Officer, Jeedimetla Police Station,made requisitions} to responderLt Nos.3^{and 4 to freeze his bank accounts'} Accordingly, the^{bank accounts were fieezed'Subsequently,} respondent N,c.2^addressed letters^{dated 03.10.2024under Section} 94 of the BhLaratiya^{Nagarik SurakshaSanhita 2023 (BNSS)to} respondent N,:s.3^{and4 to defreezethe accountSof the petitioner'}

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Letters dated 03.10.2024^{addressedby respondentNo'2to} respondent Nos.3^{and4 areplaced on record.}

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In viev, of the aforesaid^{submissions of the leamed Assistant} Government Pleader for^{Home, the writ petitionis disposed of,} directing respondent^{Nos.3and 4 to forthwith act upon the letters} dated 03.10.2024^{addressed by respondentNo.2 for defreezing the} accounts of the^{petitioner within a periodof one (1) week fromthe} date of receiprt ofa^{copy of this order.There shall be no order as to}

costs.

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As a sequel thereto, miscellaneous applications, if any,

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pending in the writ petition stand closed.

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. SD/. P.Ch. NAGABHUSHAMBA ASSISTANT REGISTRAR

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