ORDER:

The petitioner prays for a writ of mandamus declaring the action of respondents in freezing her SB account bearing No.212110100001103 maintained with the Bank of 3rd respondent as illegal, arbitrary and for a consequential direction to defreeze the SB account.

2. The petitioner’s case succinctly is thus:

The petitioner opened SB account bearing No.212110100001103 with Andhra Bank, H.B.Colony Branch, Old Venkojupalem Road, Visakhapatnam/3rd respondent on 26.03.2014. While so, the petitioner and her husband Adari Ravi Kumar were arrayed as accused in Cr.No.12/2017 of Muvvalavani Palem Police Station for the offences punishable under Sections 354A, 420, 506, 328 r/w 34 IPC and Section 20(B)(i) of the NDPS Act. Her husband was involved in another case i.e., Cr.No.13/2017 of Muvvalavani Palem Police Station registered for the offence under Section 420 IPC. During the course of investigation, on the letter of Communication dated 18.01.2017 issued by the Investigating Officer/6th respondent to the Senior Branch Manager, Andhra Bank, H.B.Colony/5th respondent, the SB account of the petitioner was freezed.

Subsequently investigation was completed in both the crimes and charge sheets have been laid and in Cr.No.12/2017 case was registered as C.C.No.87/2018 in the Court of Metropolitan Sessions Judge, Visakhapatnam and in Cr.No.13/2017 case was registered as C.C.No.386/2018 on the file of the IV Additional Chief Metropolitan Magistrate, Visakhapatnam and both the cases are pending. The petitioner made representation dated 15.02.2019 to 5th respondent requesting to defreeze her SB account in order to enable her to operate the same. However, the 5th respondent issued a letter of Communication dated 16.02.2019 and rejected the request of the petitioner. Hence, the Writ Petition.

3. The 6th respondent filed counter and opposed the writ petition contending as follows:

(a) Basing on the complaints from different people including employees, un-employees, businessmen and others alleging that the petitioner’s husband styling himself as a Real Estate businessman and also doing diamond business and also providing jobs to unemployed youth, lured innocent people and collected lakhs of rupees from various persons, the following crimes were registered in 6th respondent Police Station.

(1) Cr.No.515/16, u/s. 354D, 506 IPC & 66 of IT Act, registered basing on the complaint of one N.Mallika, wherein the petitioner’s husband is accused. The case is PT vide C.C.No.949/2018 on the file of Hon’ble 1st ACMM Court, Visakhapatnam.

(2) Cr.No.12/2017, u/s. 354(A), 420, 506 r/w 34 IPC, registered basing on the complaint of one P.Rama Devi, wherein the petitioner is Accused No.2. In this case, Charge Sheet was filed and the case is PT vide CC No.87 of 2018 on the file of III ADM Court, Visakhapatnam.

(3) Cr.No.13/17, u/s. 420 IPC, registered basing on the complaint of one D.Siva Teja, wherein the petitioner’s husband herein is Accused. In this case, charge sheet was filed on 03.04.2017, and the case is pending trial vide C.C.No.391/17, on the file of the Hon’ble IV Addl. Chief Metropolitan Magistrate Court, Visakhapatnam.

(4) Cr.No.22/17, u/s. 420, 447, 323, 506 IPC, registered basing on the complaint of one T.Koteswara Rao, wherein the petitioner’s husband herein is Accused. This case is pending trial vide CC No.393/17, on the file of the Hon’ble IV Addl. Chief Metropolitan Magistrate Court, Visakhapatnam.

(5) Cr.No.24/2017, u/s. 420 IPC, registered basing on the complaint of one G.Venkatalaxmi Narasimha, wherein the petitioner’s herein is Accused. This case is pending trial vide CC No.390/17, on the file of the Hon’ble IV Addl. Chief Metropolitan Magistrate Court, Visakhapatnam.

(6) Cr.No.25/2017, u/s. 420 IPC, registered basing on the complaint of one K.Seetharaju, wherein the petitioner herein is Accused. This case is pending trial vide CC No.392/17, on the file of the Hon’ble IV Addl. Chief Metropolitan Magistrate Court, Visakhapatnam.

(7) Cr.No.29/2017, u/s. 420, 50