Keogh Consulting India Private Limited vs Union Of India

Andhra Pradesh High Court - Amravati

Keogh Consulting India Private Limited vs Union Of India on 1 May, 2024

Author: B Krishna Mohan

Bench: B Krishna Mohan

APHC010388322023
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                 [3233]
                          (Special Original Jurisdiction)

                   WEDNESDAY ,THE FIRST DAY OF MAY
                   TWO THOUSAND AND TWENTY FOUR

                                 PRESENT

           THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

              WRIT PETITION NOs: 20048/2023 and 20049/2023

WRIT PETITION NO: 20048/2023:-



Between:

Dr Kaza Lakshmi Narayana                               ...PETITIONER

                                     AND

Union Of India and Others                          ...RESPONDENT(S)

Counsel for the Petitioner:

1. JAVVAJI SARATH CHANDRA Counsel for the Respondent(S):

1. J U M V PRASAD (S C for E D)

2. J U M V PRASAD (S C for E D)

3. J U M V PRASAD (S C for E D)

4. J U M V PRASAD (S C for E D) WRIT PETITION NO: 20048/2023:-

Between:

Keogh Consulting India Private Limited ...PETITIONER AND 2 Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner:

1. JAVVAJI SARATH CHANDRA Counsel for the Respondent(S):

1. J U M V PRASAD (S C for E D)

2. J U M V PRASAD (S C for E D)

3. J U M V PRASAD (S C for E D)

4. J U M V PRASAD (S C for E D)

5. N CHANDRADHAR RAO The Court made the following Common Order:

Heard the learned counsel for the petitioner and the learned Central Government Counsel for the respondent Nos.1 to 4.

2. The W.P.No.20048 of 2023 is filed questioning the action of the respondents in continuing the Provisional Attachment of the petitioner account bearing No.19050210000083, UCO Bank, Jubilee Hills branch, Hyderabad and Account bearing No.000801000123, ICICI Bank, Jubilee Hills Branch, Hyderabad vide Provisional Attachment Order No.01/2023 dated 10.05.2023 passed by the 3rd respondent and seeking confirmation of the same vide Original Complaint No.1996 of 2023 dated 08.06.2023 before the 4th respondent on the basis of ECIR/VKSZO/27/2022, dated 31.05.2022, even after quashing of the Cr.No.85 of 2021, dated 03.03.2021, Mangalagiri Police Station under Sections 420, 406, 120B r/w 34 of IPC and Cr.No.346 of 2021 3 dated 19.06.2021, Mangalagiri Police Station under Sections 120B, 409, 471, 420 & 506 of IPC (Predicate Offences) by this Court.

3. The W.P.No.20049 of 2023 is filed questioning the action of the respondent Nos.1 to 4 in continuing the Provisional Attachment of the petitioner account bearing No.50200021971202, HDFC Bank, Film Nagar Branch, Jubilee Hills, Hyderabad vide Provisional Attachment Order No.01/2023 dated 10.05.2023 passed by the 3rd respondent and seeking confirmation of the same vide Original Complaint No.1996 of 2023 dated 08.06.2023 before the 4th respondent on the basis of ECIR/VKSZO/27/2022 dated 31.05.2022, even after quashing of the Cr.No.85 of 2021 dated 03.03.2021, Mangalagiri Police Station under Sections 420, 406, 120B r/w 34 of IPC and Cr.No.346 of 2021 dated 19.06.2021, Mangalagiri Police Station under Section 120B, 409, 471, 420 & 506 of the IPC (Predicate Offences) by this Court.

4. In these two matters the learned counsel for the petitioner submits that the Predicate Offences were already quashed and as such the impugned Provisional Attachment Orders of the respondents shall be quashed in view of the two judgments of the Hon'ble Supreme Court of India reported in the case of Vijaya Madanlal Choudhary Vs. Union of India1 and the judgment of the Hon'ble Supreme Court in the case of Assistant Director Enforcement Directorate Vs. M/s. Nik Nish Retail Limited and Others2. Following the two 1 (2022) SCC Online SC 929 2 SLP (Criminal) Diary No(s).24321/2023 4 said judgments of the Hon'ble Supreme Court of India the similar writ petition with the same set of facts was allowed thereby setting aside the Provisional Attachment Orders passed therein by further directing the respondents therein to release the attachment and defreeze the petitioner's accounts therein vide orders passed by this Court in W.P.No.17029 of 2023 dated 09.08.2023. Against which, the respondents therein preferred W.A.Nos.967, 641, 1010 and 1011 of 2023 before the Division Bench of this Court and the same were dismissed vide common order dated 05.01.2024 observing that the Writ Appeals are not maintainable as they arise out of the quashment of criminal proceedings. Hence, the respondents filed the SLP in Criminal Diary No.11371/2024 against the order passed by the High Court in W.P.No.21996 of 2023 dated 25.09.2023, wherein notice was ordered by the Hon'ble Supreme Court dated 08.04.2024.

5. Similarly, there are 8 SLPs pending with the diary Nos.11371, 11940, 12805, 13006, 15584, 15956, 15958 and 16365 of 2024 before the Hon'ble Supreme Court of India arising out of the similar orders in similar writ petitions.

6. In view of the same, these writ petitions are allowed in terms of the order passed by this Court in W.P.No.17029 of 2023 dated 09.08.2023 by setting aside the Provisional Attachment Orders issued which are impugned in the above said writ petitions with a further direction to release the attachment and defreeze the petitioners' accounts. There shall be no order as to costs. 5

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

_______________________________ JUSTICE B KRISHNA MOHAN 01.05.2024 PGT