THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.31694 of 2023

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a writ,order or direction, more particularly one in the nature of Writ of Mandamus declaring the letter given by the respondent No.3 to respondent No.4 to freeze the SreeKudavelliSangameshwaraRaithuSanghamSociety (Reg. Society No.500 of 2014), Union Bank of India,Branch Alampur, Current A/c No.208711100000168,in connection with crime No 24/2022 and freezing the society account by the respondent No.4, as illegal, arbitrary and contrary to Article 320 of Constitution of India and also in utter violation of principles of natural justice, as being violative of Articles 12, 14, 16 and 21 of Constitution of India and quash/set aside freezing order letter of the respondent No.3 addressed to the respondent No.4 and consequently direct the respondent No.4 to defreeze SreeKudavelliSangameshwaraRaithuSangham society Reg. Society No.500 of 2014 Union Bank of India, Branch Alampur, Current A/c No.208711100000168 account for operation of account by the society…”

2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3 and perused the record.

3. The petitioner is a society registered under the provisions of the Societies Registration Act. The grievance of the petitioner is that at the instance of respondent No.3, two bank accounts i.e., 1) A/c No.208710100016868 2) A/c No.208711100000168 of Union Bank of India, AlampurBranch, JogulambaGadwal District,were debt frozen by respondent No.4 as per the complaint given by one Sri Lanka Madhusudhan Reddy.The grievance of the petitioner is that it has nothing to do with the transactions between the complainant and the accused.

4. Learned counsel for the petitioner would submit that the petitioner-society was not arrayed as an accused in Crime No.24 of 2022, dated 23.02.2022. Learned counsel further submits that after completion of investigation in the said crime, respondent-police filed charge sheet on 29.06.2022, wherein also the name of petitioner-society was not mentioned. Learned counsel further submits that the respondent-police without following the procedure as contemplated under Section 102 (3) of Cr.P.C, and without conducting proper enquiry, had addressed a letter, dated 13.07.2023 requesting respondent No.4-Bank to freeze two bank accounts of the petitioner-society vide

1) A/c No.208710100016868 2) A/c No.208711100000168.

5. Respondent No.3 filed counter-affidavit stating that money transactions between the complainant and the accused person are reflected in society accounts as per statement of L.W.2. It is further stated that prima facie, there is material to suspect the involvement of petitioner-society, as such respondent No.3 addressed a letter to respondent No.4 to debit-freez bank accounts of petitioner-society.

6. This Court, without expressing any opinion whether the respondents-police have followed the procedure under Section 102 of Cr.P.C or whether bank accounts maintained by the petitioner-society are suspicious accounts or not which are required to be decided by the competent Court, deems it appropriate to dispose of the Writ PEtition by relegating the petitioner-society to file an application under Section 457 read with 451 of Cr.P.C, seeking defreeze of accounts vide 1) A/c No.208710100016868 2) A/c No.208711100000168 and if such an application is filed, the learned Magistrate is directed to dispose of the said application, as expeditiously as possible, preferably within a period of one month from the date of filing of such application. The petitioner is also given liberty to raise all the grounds including that the respondent-police have not followed the procedure as contemplated under Section 102 of Cr.P.C and the petitioner accounts are not suspicious accounts for freezing.

7. With the above observation, the Writ Pe