THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.21402 of 2025

ORDER

Heard learned counsel for the petitioners, learned Government Pleader for Home appearing for respondent Nos.1 and 2, and Ms.Laeeq Unnisa Begum, learned counsel appearing for respondent No.4 and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of lis involved, this Court is of the view that notice to unofficial respondent No.3 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioners, in brief, is that based on the communication/intimation of the 2^nd respondent, the 3^rd respondent herein has freezed the bank account of the petitioners purported to be in connection with Crime No.6 of 2025 dt.02.01.2025 without issuing any notice to the petitioners, even though they are not arrayed as accused in the aforesaid crime, which action of the respondents-authorities it is contended as highly illegal, arbitrary, abuse of process of law and in violation of Articles 14, 19 and 21 of the Constitution of India, with a consequential direction to the respondents-authorities to defreeze the petitioners’ bank account held with the 3^rd respondent.

4. Per contra, learned counsel appearing on behalf of respondent No.4 would submit that it is the 4^th respondent who had approached the 2^nd respondent authority and lodged a complaint against the 2^nd petitioner herein and based on the aforesaid complaint, the authorities have registered a case, vide Crime No.6 of 2025 on the file of the 2^nd respondent.

5. Learned Government Pleader for Home appearing for respondent Nos.1 and 2 would submit that he respondents-authorities in the course of investigation into Crime No.6 of 2025 having found monetary transactions between the 2^nd petitioner/accused and the 1^st petitioner herein have issued intimation to freeze the account of the petitioners and have submitted intimation before the concerned Magistrate of freezing the account of the petitioners and as such the petitioners have to approach the concerned Magistrate under Section 451 Cr.P.C. = 497 of BNSS for de- freezement of their account and for the said reason cannot maintain the present Writ Petition.

6. I have taken note of the respective contentions urged.

7. A coordinate Bench of this Court by order dt.05.07.2021 in W.P.No.9689 of 2020 had noted that the Investigating Officer has power to seize the bank account of the accused in a criminal case, and observed that the petitioners are having alternate remedy of filing application under Section 451 Cr.P.C., before the Court having jurisdiction seeking de-freezement of account and granted liberty to the petitioner therein to file application before the concerned Court/Magistrate.

8. The said order of Coordinate Bench of this Court was followed by this Court in W.P.No.8886 of 2025.

9. Since, in the facts of the present case also as the petitioners seek de-freezement of their account, which has been freezed on the basis of the requisition of the 2^nd respondent authority in connection with Crime No.6 of 2025 and the same having been reported before the concerned jurisdictional Magistrate i.e. X Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, this Court is of the view that the petitioners should be relegated to avail the remedy provided under Section 497 of BNSS seeking de-freezement of their account.

10. Granting liberty as noted hereinabove, the Writ Petition is disposed of. No order as to costs.

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ T. VINOD KUMAR, J Date:24.07.2025 GJ