THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.37274 OF 2017

O R D E R:

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

“…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 2nd respondent in issuing the letter dt. 11-8- 2017 bearing C.No. 229/2017, requesting the 3^rd respondent to freeze the petitioners bank account bearing No. 50100192852983 as being illegal, arbitrary, unconstitutional, unjust and violative of Article 19 of the Constitution of India and Sec. 102 of Cr.P.C., and consequently set aside the letter dt. 11-

8-2017, and to pass”.

2. Heard Mrs. Sowmya Sanisetty, learned counsel for the petitioner and Mr.D.Pradeep, learned Assistant Government Pleader for Home appearing for respondent Nos.1 and 2.

3. Learned counsel submits that, challenging the action of respondent No.2 in issuing the letter dated 11.08.2017 requesting respondent No.3 to freeze the petitioner’s bank account bearing No. 50100192852983, the petitioner has filed the present writ petition seeking appropriate directions.

4. Learned Assistant Public Prosecutor submits that, during the investigation in Crime No.229 of 2017, the petitioner’s bank account was frozen and such action has been placed before the concerned Magistrate. He further submits that, after completion of investigation, a charge sheet was filed and the case was numbered as C.C. No.1 of 2020 on the file of the Judicial Magistrate of First Class, Nagarkurnool, where it is presently pending trial. He also submits that the account continues to remain frozen and that the petitioner has not taken any steps before the trial Court to seek de-freezing or modification of the action taken in 2017, and therefore prays for passing appropriate orders.

5. I have perused the material placed on record.

6. The petitioner contends that his bank account was frozen at the instance of respondent No.2. The record reflects that the freezing order was issued under Section 102 of the Code of Criminal Procedure, 1973, during the investigation in Crime No.229 of 2017. It is also brought on record that the freezing of the account was placed before the trial Court and, after filing of the charge sheet, the entire material has been considered by the said Court. In such circumstances, and even at the stage of seizure of the bank account, the petitioner could have approached the trial Court under Section 457/451 Cr.P.C. for appropriate directions.

7. Although the petitioner asserts that the bank account and the funds therein have no nexus with the alleged offence, the materials collected during investigation are already before the trial Court. Determination of the factual aspects relevant to de- freezing or continuation of the freeze order should therefore be undertaken by the trial Court under the statutory framework of the Code of Criminal Procedure. In the absence of material before this Court to consider whether continuation or de-freezing of the petitioner’s account is warranted, this court is of the considered opinion that directiong the petitioner to approach the trial Court by filing an appropriate petition seeking de-freezing of the said account would be proper and ordered accordingly.

8. Having regard to the fact that this writ petition has been pending since 2017, the trial Court is directed to give priority to any such petition filed by the petitioner and to adjudicate the same at the earliest.

9. With this direction, this writ petition is disposed of.

Miscellaneous Petitions, pending if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 13-11-2025 Skj THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.37274 OF 2017 Dated: 13.11.2025 Skj