S.K.Md.Shahid, v. The State Of Telangana

HON'BLE SRI JUSTICE SURESH KUMAR KAIT W.P. No. 24846 of 2016 DATE: 01.08.2016 Between:

S.K.Md. Shahid .. Petitioner And The State of Telangana and two others .. Respondents

O R D E R:- This writ petition is filed for the following substantive relief:

"...to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in freezing the petitioner's Account No.006901543848 through reference No.25/OW/WCD-3/CCSDD/Hyd/2014, dated 20.02.2014, as illegal, arbitrary and violative of Articles 14, 19, 21 and 300-A of the Constitution of India as well as violative of principles of natural justice and consequently direct the respondents permitting the petitioner to withdraw the amount lying in his account.."

The learned counsel for the petitioner has submitted that vide communication dated 24.03.2014 sent by the petitioner to the Bank Manager, I.C.I.C.I. Bank, Habsiguda Branch, Hyderabad, on 22.02.2014, an amount of Rs.49,000/- was deposited from Tanuku in the petitioner's account and when the petitioner went to withdraw the money from ATM, it showed that "card is invalid", thereby requested the Bank Manager to provide information with regard to status of his account so as to enable him to produce the same before this Court. However, no communication has been received from the Bank so far. I have noted in the application dated 24.03.2014,

which is placed on record at page 10, that the Bank has made an endorsement that the account has been frozen on 20.02.2014 at 15:40:08 hours based on the written instructions given by the Office of the Inspector of Police, WCO, Team-III, CCS, DD, Hyderabad City. The learned counsel for the petitioner has submitted that there is no case ever registered against the petitioner who is not aware for what reason the Inspector of Police directed the Bank to freeze the account.

The learned Government Pleader for Home appearing for respondent Nos.1 and 2 has submitted that a case in F.I.R. No.37 of 2010 was registered on 24.02.2010 at Central Crime Police Station, Hyderabad for the offences punishable under Sections 420 and 506 IPC and if the petitioner is not involved in the case, the 3rd respondent will be intimated to release the amount forthwith. Keeping in view the averments made in the writ affidavit and the submissions of the learned counsel for both the parties, this Court is inclined to dispose of the matter with the following directions:

"The 3rd respondent - Branch Manager shall find out from the Inspector of Police concerned if any case is registered against the petitioner. If no case is registered against the petitioner, the 2nd respondent shall intimate the 3rd respondent - Branch Manager within a period of two days from today about non-registration of the case against the petitioner and also to release his amount. On such intimation, the 3rd respondent is directed to release the amount in question within one week. It is needless to mention that if the petitioner is

still aggrieved with either action or inaction of the 3rd respondent, he may approach appropriate forum. If the petitioner is found to have been involved in the case wherein the account is required to be frozen, the 2nd respondent is free to take action and convey the same to the petitioner in writing within two days thereafter."

As a sequel to the disposal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

____________________ SURESH KUMAR KAIT, J 01.08.2016 bcj