P.Ramesh,Mahaboobnagar Dist vs State Bank Of India,Rep.By ...
2022 Latest Caselaw 4082 Tel

    THE HONOURABLE SRI JUSTICE K. LAKSHMAN

               WRIT PETITION No.29347 of 2011

ORDER:

Heard Sri Prabhakar Bommagani, learned counsel for

the petitioner, Sri Alluri Krishnamraju, learned Standing

counsel appearing for 1st respondent and the learned

Government Pleader for Home appearing for respondent

No.2.

2. This writ petition is filed to declare the

impugned action of the 1st respondent in blocking the

petitioner's saving account bearing No.31460402387,

without any authority, as illegal and arbitrary.

3. The said account of the petitioner was

freezed/block listed on the ground that petitioner was

involved in Crime No.67 of 2011, pending on the file of

Pochampally Police Station. The offences alleged against

the petitioner herein are under Sections 420, 468, 471,

408 and 506 of IPC.

4. Perusal of the record would reveal that the

Investigating Officer in the said crime has already

completed investigation, laid charge sheet and the same

was taken on file vide C.C.No.22 of 2013. Vide judgment

dated 14.09.2018, learned Additional Judicial First Class

Magistrate at Bhongiri, acquitted the petitioner herein and

other accused. Therefore, the petitioner herein had

submitted a representation dated 04.08.2022 by duly

enclosing a copy of the said judgment to the 1st

respondent-bank with a request to defreeze his account

and permit him to operate the said account. Despite

receiving and acknowledging the said representation, the

1st respondent failed to act upon it.

5. Sri Alluri Krishnamraju, learned Standing

counsel appearing for 1st respondent, on instructions

would submit that the surname of petitioner in the

judgment dated 14.09.2018 is different from the surname

in the representation dated 04.08.2022 and also in the

application form. Therefore, 1st respondent has not

considered the said application. However, it is relevant to

note that the application form contains the photograph of

the petitioner and even the passbook of the petitioner also

contains the photograph of the petitioner.

6. In view of the above discussion, this writ

petition is disposed of directing the 1st respondent to

consider the representation dated 04.08.2022 submitted by

the petitioner along with the copy of the judgment dated

14.09.2018 and pass appropriate orders in accordance

with law. The petitioner shall cooperate with the 1st

respondent by furnishing his proof of identity.

Miscellaneous petitions, if any, pending, shall stand

closed.

__________________ K. LAKSHMAN, J 08.08.2022 Note:

Issue CC by 10.08.2022 (B/o) dv