M/S Borg Energy Private Limited v. The State Of Telangana, Rep. By Principal Secretary,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.1131 of 2017 ORDER:

Heard the learned counsel for petitioner, the learned Government Pleader for Home (TG) for the respondents 1 to 3 and perused the prayer in the writ petition with supporting affidavit and counter of the respondents 1 to 3. 2.

The prayer in the writ petition reads as under: " to issue any other appropriate Writ or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in freezing the accounts of the petitioner company as stated in Annexure-I in various banks as illegal and arbitrary and much against the principles of natural justice and consequently direct the respondent police to defreeze the accounts by permitting the petitioner company to operate the bank accounts as stated in Annexure-I and direct the respondents not to interfere with the daily transactions of the petitioner company as stated in Annexure-I and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." 3.

In fact, the counter of the learned Government Pleader for Home (TG) on behalf of the respondents 1 to 3, particularly at paragraph No.4, clearly says they never freeze any accounts and there is nothing to adjudicate any lis covered by the writ petition. Once there is a clear statement of they never freeze bank accounts, particularly of any of the respondents and so far as the implead petition is concerned saying the Police of Central Crime Station, Hyderabad seized

Dr. SSRB, J W.P. No.1131 of 2017 the bank accounts of the petitioner company, remedy is given to the petitioner to file fresh writ petition. If at all aggrieved against the Police of Central Crime Station, Hyderabad rather than impleading to the petition after one year, leave about further a remedy is always left open to the petitioner to approach the learned Magistrate by filing an application under Section 451/ 457 of Cr.P.C. as the case may be for return of any account books or any documents as the case may be or any seizure by police during investigation including of Central Crime Station police that should be intimated to the Court, leave about any production before the Court or not. Accordingly, this Writ Petition is disposed of. No order as to costs. Miscellaneous Petitions pending, if any, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J 23.04.2018 MVA