Suvision Holdings (Pvt.) Limited v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1816 OF 2019 DATED :18.02.2019 Between :

Suvision Holdings (Pvt) Limited, A Private Limited Company incorporated, Under the Companies Act, 1956 and having its Registered Office at No.50, Vinay Arcade, KH Road, Shanthinagar, Bengaluru, Karnataka-560027, Rep., by its Director, Mr.C.S.Sudheer.

..

Petitioner And The State of Telangana, Rep., by its Principal Secretary, Department of Home, Secretariat (T.S), Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1816 OF 2019 ORDER :

Heard learned counsel for the petitioner and learned Government Pleader for Home for the respondents. 2.

Petitioner is aggrieved by freezing of bank account pursuant to the notice issued by Cyber Circle, Cyberabad Police Commissionerate, Gachibowli, Hyderabad under Section 91/160 of the Code of Criminal Procedure (Cr.P.C.) dated 30.10.2018. 3.

According to learned counsel, Crime No.295 of 2018 was registered on 08.11.2018, based on the complaint filed by Sri G.Sriram. Subsequently, there was compromise and petitioner has paid amount to the complainant acknowledged by him on 09.11.2018 and 08.02.2019. In the counter affidavit filed by 5th respondent, it is averred that petitioner and the 5th respondent/complainant entered into compromise, the 5th respondent has received amount of Rs.65,300/- and that the issue is resolved.

4.

Learned counsel for the petitioner also informs the Court that Crl.P.No.895 of 2019 was filed challenging the crime registered against the petitioner. The same was allowed by order dated 15.02.2019 and in terms there of, no criminal proceedings are pending against the petitioner and therefore, freezing of the Bank account is no more valid.

5.

The factum of allowing Crl.P.No.895 of 2019 by this Court against Crime No.295 of 2018 is not disputed.

- 3 - 6.

In view of the fact that the issue is also stated to have been resolved amicably between the petitioner and 5th respondent/complainant, the Writ Petition is allowed holding that the direction of police to the respondent-Bank to debit freeze the account as illegal and the respondent-Bank is directed to defreeze the bank account of petitioner, if there is no other impediment against the petitioner.

Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J 18th February, 2019 Note :

Issue c.c. in three (3) days.

B/o.

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