##PAGE1##

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SMT. JUSTICE RENUKA YARA WRIT PETITION No.32779 of 2024

THE 06^TH DAY OF APRIL, 2026

Between:

Abhishek Bhomia.

…Petitioner AND

The State of Telangana and two others.

…Respondents

ORDER:

Sri Damodar Mundra, learned counsel for the writ petitioner and Sri

M.P. Kashyap, learned counsel for respondent No.3. Perused the entire

record.

2. This writ petition is filed with the following prayer:

“to issue an order, direction or writ, more particularly one in the nature of Writ of Mandamus, declaring the act of the Respondent No.3 in freezing the account of the petitioner vide A/c.No.05621930004926 on the basis of a Letter dated 28.08.2013 issued by the Respondent No.2 as not only illegal, arbitrary but also contrary to the law and principles and natural justice, affecting the rights of the petitioner as envisaged under Article 14 and 19 of Constitution of India. Further consequently direct the Respondent No.3 to defreeze the account no. 05621930004926, of the petitioner and pass such other order or

orders…”

3. The case of the writ petitioner is that at the instance of respondent No.2, respondent No.3 has frozen three bank accounts of the writ petitioner

RY,J WP_32779_2024

viz., account bearing Nos.07431460000675, 07431930001466 and 07431930001483 in HDFC Bank, Mancherial Branch. Respondent No.2 instructed respondent No.3 to freeze the aforementioned bank accounts of the writ petitioner till completion of the investigation in Cr.No.51 of 2013 under Sections 403, 406, 409, 420, 468, 471, 477 (A) read with Section 120 (B) IPC on the file of the Police Station Devapur. Respondent No.3 not only froze the aforementioned three accounts of the writ petitioner, but also froze bank account bearing No. 05621930004926 in HDFC Bank, Barkatpura Branch at Hyderabad of the writ petitioner, which is not mentioned anywhere in the police records, more particularly in the charge sheet. It is emphasized that respondent No.3 relied upon letter dated 28.08.2013 addressed by the Circle Inspector of Mandamarri Police Station to the Branch Manager, HDFC Bank, Mancherial Branch, informing about the offence registered with Police Station Devapur about misappropriation of the funds of the company and diverting the said funds to the personal account of the writ petitioner vide account bearing Nos.07431460000675, 07431930001466 and 07431930001483 in HDFC Bank, Mancherial Branch. In said letter, request was made to freeze the three bank accounts till completion of investigation to avoid withdrawal of the misappropriated

funds from the account.

2

RY,J WP_32779_2024

4. It is further urged that the investigation is completed and the charge sheet is filed, but there is no mention about the writ petitioner’s account at Barkatpura Branch of HDFC bank. However, respondent No.3 continued to hold freeze on the bank account causing inconvenience to the writ petitioner in operating the said account. Reference is made to the charge sheet in Cr.No.51 of 2013 dated 24.08.2013 and the relevant paragraph is

follows:

“…The LW-33 has come to notice that, there are linked accounts of the accused (A1) P.K. Bhomia in HDFC Manacherial and Bellampally branches on that the LW-33 sent a notice to the L.W.-6 and 21 U/Sec.91 Cr. P.C. to furnish statements of accounts from the date of their opening vide A/c Nos.26031000002693 and 26031000003142 of HDFC Bellampalli and A/c Nos.07431460000675, 07431930001466 and 07431930001483 of HDFC Mancherial pertaining to A4 and A4, specimen signatures of A1 and A2 and also requested to freeze the accounts till completion of the investigation to avoid withdrawal of

misappropriated funds. …”

5. In the entire charge sheet there is no reference to the writ petitioner’s account at Barkatpura Branch at Hyderabad. Therefore, it is submitted that

since the investigation is completed, the account has to be defreezed.

6. The learned counsel for respondent No.3 produced letter dated 28.08.201