2026 Supreme(Online)(Tel) 15917
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE K. SUJANA
THATIICAYALA MOSHE – Appellant
Versus
STATE OF TELANGANA – Respondent
CRLRC 85/2026
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL REVISION CASE No.85 OF 2026
DATE :28 .04.2026
BETWEEN:
Thatikayala Moshe
…..Petitioner/Accused
And
State of Telangana and another
…..Respondents/
Complainant
: ORDER :
This Criminal Revision Case is filed by the petitioner
aggrieved by the order dated 06.11.2025 passed in
Crl.M.P.No.505 of 2025 in SR.No.1693 of 2025 on the file of the
II-Additional Junior Civil Judge-cum-VI-Additional Judicial
Magistrate of First Class, Medchal-Malkajgiri District, Uppal at
L.B.Nagar.
2. The facts of the case are that the petitioner is the owner of
an amount of Rs.47,378/- lying in his bank account, which was
frozen by the police through a requisition under Section 106 of
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BNSS based on a false complaint lodged by one Maredu Prasad
before the Cyber Crime Authorities alleging unauthorized
transfer without his knowledge or OTP sharing. The petitioner
runs a shop under the name and style of JJ Internet Xerox and
Aadhar Mini ATM at Station Ghanapur for the past five years,
providing online services, job applications, lamination, spiral
binding and PAN card services, and is also certified by Indian
Institute of Banking and Finance and associated with AU Small
Finance Bank. On 22.07.2025 and 23.07.2025, an unknown
person approached him seeking cash of Rs.48,000/- citing a
medical emergency and requested his QR code; upon receipt of
Rs.47,378/- through PhonePe on 23.07.2025 at 1:54 PM from
the account of Prasad Maredu, the petitioner handed over cash
in good faith. On 25.07.2025, he came to know that his account
had been frozen. He submits that he had no access to the
complainant’s bank details, OTP, or account, and therefore had
no role in any alleged unauthorized transaction. He further
alleged that no FIR or crime number was registered till date, no
proper enquiry has been conducted, and no prior permission of
the Magistrate was obtained for freezing the account. The
petitioner requires the said amount for repayment of loans
obtained from UGRO Capital, has already submitted
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representations to the police authorities regarding the false
complaint, and undertakes to cooperate with the investigation,
appear before the Court as directed, and produce the amount
whenever required.
3. The learned APP before the trial Court filed a counter
stating that, on 12.09.2025, a complaint was received from M.
Prasad alleging that on 23.07.2025 at about 1:55 PM, an
unknown person fraudulently transferred Rs.48,000/- from his
bank account through PhonePe/UPI without sharing any OTP,
pursuant to which a complaint was registered at NCRP Uppal
Police Station. During investigation, the complainant’s bank
statement was verified and it was found that the amount was
transferred to the petitioner’s account in Kotak Mahindra Bank,
treated as Layer-1 account, and therefore the said amount was
kept on hold. It is further contended that the petitioner
knowingly received the fraudulent amount without verifying the
source or identity of the remitter, indicating mala fide intention
for wrongful gain, and failed to follow applicable banking/RBI
guidelines requiring proper verification for high-value
transactions. It is also stated that if the account is de-frozen, he
may continue to facilitate similar fraudulent transactions;
hence, prayed the trial Court to dismiss the said petition.
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4. The trial Court after considering the submissions of the
both parties dismissed the said petition. Aggrieved by the same
this revision case is filed.
5. Heard Sri Jaswanth Singh Thakur, learned counsel
appearing for the petitioner and Sri M.Ramachandra Reddy,
learned Additional Public Prosecutor appearing for the
respondent-State.
6. The contention of learned counsel for the petitioner is that
the learned Magistrate erred in dismissing the petition for de-
freezing of the bank account without considering that freezing
the petitioner’s account without prior notice, without timely
intimation to the Magistrate, and without registr