THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.34837 of 2025

ORDER

Heard Mr. Pawan Kumar Agarwal, learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 and 2. With their consent, this writ petition is taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking following prayer:-

“...to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ, declaring the action of the 2nd Respondent in freezing the Current Account of the Petitioner company vide current A/c. No. 0661201002009 of Canara Bank, Kurnool Main Branch, maintained with the Respondent No. 3 bank, in connection with FIR No. 134/2025, as being illegal, arbitrary, unconstitutional, in violation of the provisions of the Article 19(1)(g) of the Constitution of India and consequently to set aside the same and direct the Respondents, particularly Respondent No. 2, to forthwith defreeze the current account bearing No. 0661201002009 of Canara Bank, Kurnool Main Branch, maintained with the 3rd Respondent and allow the Petitioner to operate the said account without any hindrance, in the interest of justice and to pass...”

3. Brief facts stated in this writ petition are that the petitioner is a company registered under the provisions of Companies Act, 1956, carrying on business under the name and style “Can Fin Homes Ltd” and is promoted by Canara Bank, engaged in the business of Housing Finance and other financial activities. It is submitted that the petitioner company is holding Current Account No. 0661201002009 maintained with respondent No.3. The said account has been frozen by respondent No.2, in connection with FIR No. 134 of 2025 dated 18.06.2025, registered against one Mr. V. Tirumala Rao, Branch Manager of Can Fin Homes Limited, Kurnool Branch, for an alleged offence of murder. It is further submitted that the freezing of the petitioner’s branch’s operational current account is distinct from the personal account of the accused and that the freezing of the same has brought the day-to- day finance activities of the petitioner to a complete standstill and is severely impacting its operations and the financial transactions of its numerous customers. It is further submitted that an approximate sum of Rs.1,89,65,360/- has been frozen in the said account as of September 30th, causing immense financial prejudice and operational paralysis to the petitioner.

4. Learned counsel for the petitioner submitted that freezing of the petitioner’s current account is arbitrary, illegal, unconstitutional exercise of power and wholly disproportionate to the alleged offence beyond the scope of Section 102 of the Code of Criminal Procedure, 1973 and that respondent No.2 has acted without jurisdiction and freezed the petitioner’s account, which is not the personal account of the accused i.e., Mr. V. Tirumala Rao, and that there is no nexus between the funds of the current account and the alleged murder. Aggrieved by the same, this present writ petition is filed.

5. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 and 2 has placed on record instructions issued by the Inspector of Police, Gadwal Circle, Jogulamba Gadwal District, wherein it is submitted that on 18.06.2025 at about 10.00 hours, the complainant Sri Ganta Tejavardhan, lodged a written complaint stating that his younger brother Tejaswar, who is surveyor by occupation, has left home on 17.06.2025 around 09.30 hours and did not return home and thereafter he made an enquiry and came to know that his younger brother's motor cycle bearing No. AP22-AN-3939 was found at Fathima ITI college, Gadwal, then he caused enquiry with his brother's friends and relatives but it was in vain and requested the Gadwal Police to trace his brother. Basing on the said complaint, the Sub-Inspector of Police registered a case in Cr. No.134/2025 dated 18.06.2025, under S