Andhra Pradesh High Court - Amravati
Amway India Enterprises Pvt. Limited vs Cb Cid, State Of Telangana on 12 February, 2024
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI [ 3310 ]
(Special Original Jurisdiction)
MONDAY ,THE TWELFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 18009 OF 2014
Between:
1. Amway India Enterprises Pvt. Limited, First Floor. Elegance Tower Plot No. 8.
Non Hierarchical Commercial Centre Jasola. New Delhi 110 025 Represented
by authorized representative Ms. Varsha Chaudhary.
2. William Scott Pinckney, S/o Mr. Bernard Ross Pinckncy Chief Executive Officer
Amway India Enterprises Pvt. Limited R /a First Floor_ Elegance Tower Plot
No. 5. Non Hierarchical Commercial Centre Jasola, Ncw Delhi 110 025. (Since
being in judicial custody Represented by his next Friend Ms.Varsha Chaudhary.
...PETITIONER(S)
AND
1. CB CID State of Telangana, Rep by Additional Director General of Police
Hyderabad
2. Station House Officer, Kurnool IITown Police Station kurnool District.
3. Superintendent of Police, Kurnool 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
toto issue a Writ, order or direction and more particularly one in the nature of writ
of "Mandamus" declaring the action of the 3rd respondent in issuing proceedings
vide letter Nos. C.No.197/Cr.I/DCRI3/KUR/2014 dated 31-05-2014,
communication to State Bank of India, Mumhai Branch, seeking freezing of the
hank accounts of the petitioners as illegal, arbitrary, unconstitutional and without
jurisdiction and consequently, set aside the same and pass such order or other
orders as this Hon'ble Court deems lit and proper in the circumstances of the case.
I.A. NO: 3 OF 2014(WPMP. NO: 29000 OF 2014)
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 petitioner to amend the cause title and denote "State of Andhra Pradesh" after
the words "Kurnool District" in relation to the description of 2nd and 3rd respondent
I.A. NO: 1 OF 2014(WPMP. NO: 22580 OF 2014)
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 operation of the letters so issued by the 3rd respondent vide letter
Nos.C.No.197/Cr.1/1)C1213/KIJR/2014 dated 31-05-2014 permitting the
Petitioner to operate their bank accounts and pass such order or other .orders as
this Hon'ble Court deems fit and proper in the circumstances of the case.
I.A. NO: 4 OF 2014(WPMP. NO: 29001 OF 2014)
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 permit
the petitioner herein to file a copy of the FIR No.311 of 2013 dated 29.12.2013 on
the file of 2nd respondent as additional material papers
I.A. NO: 2 OF 2014(WPMP. NO: 28999 OF 2014)
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
implead the "State of Andhra Pradesh represented by its Principal Secretary,
Home Department, Secretariat Buildings, Saifabad, Hyderabad" as 4th respondent
in the writ appeal
Counsel for the Petitioner(s):SRI. VARUN BYREDDY
Counsel for the Respondents: GP FOR HOME (AP)
The Court made the following Order:
When the matter is taken up for hearing, learned counsel
appearing for the petitioners submitted that a similar issue has fallen
for consideration before the Division Bench of this Court in
W.A.Nos.1059, 1060 and 1083 of 2014 and the Division Bench of this
Court was pleased to dispose of the Writ Appeals vide common
judgment dated 10.09.2014 and therefore, the present Writ Petition also
deserves to be disposed.
2. In view of the said submission, the Writ Petition dieserves to be
disposed of by following the order, dated 10.09.2014 in W.A.Nos.1059,
1060 and 1083 of 2014. However, the bank guarantee furnished by the
petitioner shall continue till the adjudication of the trial in C.C.No.105
of 2008 on the file of the Principal Assistant Sessions Judge, Kurnool.
3. Accordingly, the Writ Petition is disposed of.
There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall
stand closed.
____________________________
Dr. K. MANMADHA RAO, J
12th February, 2024
BMS
