M/S Gharonda Builders And Developers v. The State Of Telangana,

THE HON'BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.43185 OF 2016 ORDER:

The writ petition is filed by the petitioners seeking a writ of mandamus declaring the action of the second respondent in freezing the petitioners' Bank Accounts bearing Nos.24791000000121 maintained with the third respondent (HDFC Bank), 0297351000004593 maintained with the fourth respondent (Lakshmi Vilas Bank Limited), 915020028821095 maintained with the fifth respondent (Axis Bank) and 037001501830 maintained with the sixth respondent (ICICI Bank) as illegal and arbitrary, and consequently to set aside the same.

Heard and perused the material.

Learned counsel for the petitioners submits that the petitioners were falsely implicated in the present case and that they have not committed any offence as alleged against them. He further submits that without conducting any enquiry, the second respondent on registration of complaint itself directed the respondents 3 to 6 to freeze the accounts of the petitioners and as such, the respondents 3 to 6 are not permitting the petitioners to operate their bank accounts. Hence, he prays this Court to direct the respondents 3 to 6 to defreeze the bank accounts of the petitioners.

Considering the facts and circumstances of the case, the petitioners are directed to make an application seeking a direction to the respondents 3 to 6 to defreeze the bank accounts of the petitioners before the Court concerned, where the F.I.R., in crime No.229 of 2014 is pending, and on such application being filed, the learned Magistrate is directed to dispose of the same in accordance with law as expeditiously as possible.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any shall also stand disposed of. _____________________ JUSTICE RAJA ELANGO 28.12.2016 pln