Andhra Pradesh High Court - Amravati
M/S Mouli Infra vs The State Of Andhra Pradesh, on 17 March, 2021
Bench: Cheekati Manavendranath Roy
WEDNESDAY, THE SEVENTEENTH DAY OF MARCH
~ TWO THOUSAND AND TWENTY ONE
. : PRESENT:
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
| WRIT PETITION NO: 14414 OF 2020
Between:
M/s Mouli Infra, (Firms Regd. No. 2535 of 2014), ONGC Site, Odalarevu, Allavaram
Mandal, East Godavari District, Rep. by its Managing Partner Mr. Samsani Krishna, S/o
Rammohan Rao, Aged 44 years, R/o H.No.5-33, Samsani Vaari Palem, Ainavilli
Mandal, East Godavari District.
Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department,
A.P. Secretariat, Velagapudi, Amaravati, Thulluru Mandal, Guntur District.
2. The Station House Officer/ Sub Inspector of Police, Bhimunipatnam Police
Station, Visakhapatnam City and District.
3. The Branch Manager, Canara Bank Branch, Amalapuram Town and Mandal,
East Godavari District
Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus
declaring the action of the Sub Inspector of Police/ 2"° respondent in issuing Letter
dated 21-07-2020 to the Branch Manager/ 3 respondent directing him to freeze
Current Account No. 2429201005823 in Canara Bank Branch at Amalapuram of the
petitioner without giving prior notice calling its explaining, as arbitrary, illegal and
contrary to mandatory provision of Sec. 102 Cr.P.C and consequently set aside the
Letter dated 21-07-2020 of the 2™ respondent in the light of the judgment of this Hon'ble
Court in case between S Subhashini V/s State Inspector of Police reported in 2019
LawSuit (AP) 368 to operate the aforesaid Current Account of the petitioner forever to
secure the ends of justice
IA NO: 1 OF 2020
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 direct the
respondents 2&3 to allow the petitioner to operate its Current Account No.
2429201005823 in Canara Bank Branch at Amalapuram forthwith in the interest of
justice, pending disposal of WP 14414 of 2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of SRI GADE
VENKATESWARA RAO Advocate for the Petitioner, and of GP FOR HOME for the
Respondents, the Court made the following.
ORDER:
"At request of the learned Assistant Government Pleader for Home to
produce evidence showing the link relating to the amount that was sought to be
freezed with the commission of the alleged offence justifying the freezer of
account, post on 22.03.2021.
In the meanwhile, there shall be a direction to the 3°° respondent Bank to
permit the petitioner to operate their bank account except for a sum of Rs.49.00
Lakhs, which is stated to have been involved in the crime that was registered by
the 2" respondent Station House Officer, Bhimunipatnam Police Station,
Visakhapatnam City and District".
Sd/-T.Madhavi ,
Ope . OSTOAR
JITRUE COPY// ae AR
For Te
SECTION OFFICER
To
Oar
. The Principal Secretary, Home Department, State of Andhra Pradesh, A.P.
Secretariat, Velagapudi, Amaravati, Thulluru Mandal, Guntur District.
. The Station House Officer/ Sub Inspector of Police, Bhimunipatnam Police
Station, Visakhapatnam City and District.
. The Branch Manager, Canara Bank Branch, Amalapuram Town and Mandal,
East Godavari District (Addresses 1 to 3 by RPAD)
__HIGH COURT
CMRJ
DATED:17/03/2021
POST ON 22.03.2021
ORDER
WP.No.14414 of 2020
DIRECTION
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