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
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
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
(2022) SCC Online SC 929
SLP (Criminal) Diary No(s).24321/2023
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.
As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.
_______________________________
JUSTICE B KRISHNA MOHAN
01.05.2024
PGT
