Disposed

Mrs. Syeda Aisha Naz v. The State of Telangana

Telangana HC21 Feb 2025WP/5222/2025

Case brief

AI extract

What is this about?

Petitioner sought de-freezing of her bank account frozen during investigation into a deposits-related offence involving her husband. The court held it could not entertain the petition at a preliminary stage of investigation and granted liberty to approach the Magistrate, who must decide within one week.

What did the court decide?

Liberty to file application before the Magistrate for de-freezing; Magistrate to dispose within one week; no costs.

Mrs. Syeda Aisha Naz Vs The State of Telangana — Banking and Recovery | Telangana HC (2025)

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A[ 3183 ]

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HIGH COURT^{FORTHE STATE OF TELANGANA} AT HYDERABAD (SPecial Original^{Jurisdiction)}

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FRIDAY ,THE _ TWO THOUSAND^{TWENryFIRST DAY OF FEBRUARYAND TWENTY FIVE}

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PRESENT

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THE HONOURABLE^{SRIJUSTICEB.VIJAYSEN REDDY}

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WRIT PETITION^{NO:52220F 2025}

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Between:

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M a;'h';1,iilsh,;;, tOZ. rs tt.tto. S ved^a 9-4-135/A/5'Kin^{Ai sh a- Hrd;;"b;t N a1} tVil8#"ff^{- 5oooo8} [1 %5311k ""rfi 3; ii]i:.x]Ii"^5'3I.]3t

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...PETlTloNER(

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AND

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1 . The State^{of Telangana' Rep' by its Principal Secretary' HomeDepartment'} Secretariat,^HYderabad'

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3T[i'Sffi^{f ,:l:ifSg,f,?[Sll"f .',ii3'1U][*E:"X'ch,Hyderabad}

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...RESPONDENTS

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Petition^{under Article226 of lhe Constitution of lndiapraying that in the} circumstances^{stated in the affidavitfiled therewith' the High Court may be} pleased to issue^{a Writ, Order' or Direction' more particularly in the nature of a} Writ of^{Mandamus, declaringthe action of the Respondent in freezing the} Petitioner's^{bank Account No' 00000041601840238at State Bank of lndia'} Tolichowki^{Branch, Hyderabad' as unlustified'illegal' improper' arbitraryand} consequently^{direct the Respondentto de-freeze the Petitioner's account'} allowingthePetitionertoresumeallessentialtransactions,includingEMl payments. lf^{there is any disputed account'it should be specificallyfrozenor} blocked,^{while the remaining accounts should be de-frozen'}

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IA NO: 10F 2025

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent to de-freeze the petitioner,s accounts, excluding any specifically disputed account if applicable

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Counsel for the^petitio.ner: SRI. MD FASIUDDIN

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counsel for the Respondent Nos. 1&2: sRr M. sRrNrvAs, AGp FoR HOME Counsel for the Respondent No.3:_

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The Court made the following: ORDER

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i<br>

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TI{E HONOURABLE^{SRI JUSTICE B' VIJAYSEN REDDY} WRIT^{PETITIONNo.5222oF 2025}

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ORDER:^(ORAL)

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The writ^{petition is fited by the petitionerseekingto declarethe} action^{of respondent Nos'2 and 3 in freezitgthe petitioner's bank account} bearing^{A/c. No.00000041601840238' State Banl< of lndia' Tolichowki} Branch,^{Hyderabad,as being illegaland arbitrary'}

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Heard Mr.^{Md' Fasiuddin' leamed counselfor the petitionerand} Mr. M.^{Srinivas, learned Assistant Government Pleaderfor Home' '}

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Leamed^{Assistant GovernmentPleaderfor Home' having received} written^{instructionsdated 19'02'2025fromthe Inspector of Police'EOW} Team -^{V, CCS,DD, Hyderabad' submitted that petitioner is accused} No.9^{and her husband _ Mr. Syed Ashfaq Ali is accused No.2 in crime} No.200^{of 2[Z|registeredunder Sections 403'406' 420readwith Section} 1 20(b)^{of lndian Penal Code and Section 5 of the TelanganaProtection of} Depositors^{Of Financial Establishments Act' 1999' During the course of} investigation,^{itwas revealedthat bank accountof the petitioner} maintained^{in StateBank of India' TolichowkiBranch'Hyderabad'ilde} A,/c. No.00000041601840238'^{and several amounts have been transferred} by accused^{No'2 into the petitioner's bankaccount'the lnvestigating}

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Officer (IO) in Crime No.200 of 2024 by complying with the procedure under Section 102 of the Code of Criminal procedure 1973 (Cr.p.C.) requested respondent No.3 to debit freeze the bank account of the petlttoner.

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4 Learned counsel for the petitioner submitted that petitioner is no way concemed with the business transactions of accused No.2 _her husband.

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5 As investigation is at the preliminary stage, it is not posdlble for this Court to entertain this writ petition. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to file appropriate application before the concemed Magistrate court fbr de-freezing her account bearing A/c. No.0000OO4l6Otg4O23g, State Bank of India, Tolichowki Branch, Hyderabad. On such. application being filed, the leamed Magistrate shall dispose of the same within a period of one (l) week thereof. There shall be no order as to costs.

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As a sequel lhereto, miscellaneous applications, if any, pending in

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the writ petition stand ed SD/.P. CH. NAGABHUSHAMBA AS S{STANT REGISTRAR //TRUE COPY// \rr/ SECTI ON OFFICER

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To,

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