Telangana High Court
Gaddam Ankala Reddy vs The State Of Telangana on 14 October, 2024
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.28118 OF 2024
ORDER :(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No.4 - the Bank Manager, Union Bank of India, Appollo Hospitals Branch, Jubilee Hills, Hyderabad, in not allowing him to operate his bank locker No.318 pursuant to the letter of respondent No.2 - the Assistant Commissioner of Police, EOW Team-X, Central Crime Station, Detective Department, Hyderabad, dated 02.09.2024, without following due process of law, as being illegal, arbitrary and unconstitutional.
2. Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home, basing on the written instructions dated 04.10.2024, submitted that a case of cheating and forgery, and criminal breach of trust vide Crime No.167 of 2024 dated 29.06.2024 was registered with Central Crime Station, Hyderabad, against three persons for the offences punishable under Sections 408, 420, 467, 468 and 447A read with Section 120B of the Indian Penal Code (IPC) wherein the petitioner is arrayed as Accused No.3. The Accused persons are employees in Appollo Hospitals Educational and Research Foundation, Jubilee Hills. That with criminal 2 intention, the Accused persons colluded and diverted the funds of the complainant's foundation to their personal bank accounts instead of transferring to the vendor's bank account. The Accused persons destroyed the empty cheques and with criminal conspiracy, they manipulated the ledger records. The petitioner-Accused No.3 colluded with Accused No.1 and 2 and misappropriated the amount of Rs.2,50,00,000/- (Rupees two crores fifty lakhs only) by manipulating the vendor cheques and ledger records of the complainant's foundation.
3. Learned Assistant Government Pleader for Home submitted that during the course of investigation, the petitioner-Accused No.3, in his confessional statement, did not disclose the facts of the locker facility maintained by him in Union Bank of India, Appollo Branch. However, on 02.09.2024, on receipt of information given by the complainant foundation about the locker facility, the Investigating Officer (IO) addressed a letter to the bank authorities and freezed the locker under Section 102 Cr.P.C. and informed the same to the learned XII Additional Chief Judicial Magistrate Court, Nampally, Hyderabad (for short 'learned Magistrate') on 03.09.2024 under Section 120(3) Cr.P.C vide S.R. No.10428 of 2024. It is stated that the petitioner-Accused No.3 is not cooperating with the investigation and concealed the crime proceeds in 3 the locker and he is not cooperating with the IO to open the locker in his presence. Learned Assistant Government Pleader further submitted that in view of the non-cooperation of the petitioner-Accused No.3, petition was filed before the learned Magistrate vide S.R. No.11515 of 2024 to permit the IO to open the locker in the presence of the Accused persons and the bank authorities for further investigation. If the petitioner- Accused No.3 is permitted to open the locker, he may take or alter the property which could result in causing injustice to the victim in Crime No.167 of 2024 (i.e. the complainant's foundation).
4. In view of the above circumstances, taking note of the fact that the bank locker No.318 of the petitioner was freezed in accordance with the procedure laid down under Section 102 Cr.P.C. and intimation was given to the learned Magistrate under Section 102(3) Cr.P.C., this Court is not inclined to pass any orders in this writ petition.
5. A copy of the written instructions along with the notice under Section 102 Cr.P.C. issued to respondent No.4, the intimation under Section 102(3) Cr.P.C. given to the learned Magistrate and the requisition made by the IO to the learned Magistrate requesting to permit him to 4 open the bank locker No.318 in the presence of the Accused persons, is served on the learned counsel for the petitioner.
6. In view of the above, the writ petition is disposed of giving liberty to the petitioner to approach the learned Magistrate by filing appropriate application for defreezing of the locker. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition, stand closed.
______________________ B. VIJAYSEN REDDY, J October 14, 2024 NOTE: Issue C.C. in two (2) days (BO) RRK