Kamma Srinivasa Rao vs Union Of India

Heard Mr. Indrajit Sinha, learned counsel appearing on behalf of the petitioner.

Heard Mr. Rajiv Nandan Prasad, learned counsel appearing on behalf of the State-C.B.I.

This petition has been filed for the following reliefs: -

“(a) For issuance of an appropriate writ(s)/order(s) and/or direction(s) for commanding upon the respondents to show cause as to how

and under what authority the Savings Bank Accounts of the petitioner in Oriental Bank of Commerce, Jubilee Hills Branch, Hyderabad,

bearing Account No. 11102041010133 and ICICI Bank, White Fields Branch, Hyderabad bearing Account No. 156201500101 have been

frozen in connection with RC 2(A)/2019-R instituted for investigating into the offences under Sections 120B read with 420, 468, 471 and

477A of Indian Penal Code and Sections 13(2) read with Section 13(1)(a) of Prevention of Corruption Act, 1988 (as amended in 2018),

now pending in the Court of Shri A. K. Mishra, Special Judge, CBI, Ranchi;

AND

(b) If no cause or insufficient cause is shown, then a further an appropriate writ(s)/Order(s) and/or direction(s) be issued for quashing the

letter no. 2655/3/2(A)/2019-R dated 23.05.2019 (Annexure-4) issued under the signature of Deputy Superintendent of Police, ACB, CBI,

Ranchi, whereby the request made by the petitioner to defreeze the Savings Bank Accounts of the petitioner mentioned above has been

rejected;

AND

(c) Upon quashing of the aforesaid letter no. 2655/3/2(A)/2019-R dated 23.05.2019 issued under the signature of Deputy Superintendent of

Police, ACB, CBI, Ranchi further writ/order/direction be issued commanding upon the respondents to forthwith issue necessary direction to

Oriental Bank of Commerce, Jubilee Hills Branch, Hyderabad, to permit operation of the account bearing no. 11102041010133 as also to

ICICI Bank, White Fields Branch, Hyderabad, to permit operation of the account bearing no. 156201500101;

And/Or

(d) For any other relief/reliefs for which the petitioner is legally entitled in the facts and circumstances of this case.â€​

The learned counsel for the petitioner submits that the bank accounts involved in this case contains the salary of the petitioner which has been

frozen by the C.B.I. (Central Bureau of Investigation). He also submits that an application was filed before the C.B.I. to defreeze the account which

has been rejected vide impugned order as contained in Annexure-4 which is dated 23.05.2019. The learned counsel further submits that the petitioner

does not have any other source of income and the entire money having been frozen, the petitioner and his family have virtually come to the street. The

petitioner also needs money for the purposes of treating of his mother and child who are medically unfit and the petitioner himself is medically not

sound. The learned counsel submits that the petitioner is not in a position to furnish bank guarantee as because the money which will be required for

the purposes of getting a bank guarantee is not available with the petitioner. He submits that the petitioner has immovable properties which are not

mortgaged before any other authority or financial institution and it is free from all encumbrances and the petitioner is ready to give security of such

immovable property which are located at Hyderabad.

The learned counsel also submits that if the concerned banks want to scrutinize the property papers for being satisfied regarding its credibility and

value, they may do so and upon furnishing such security of immovable property, the accounts of the petitioner may be released. The learned counsel

submits that in order to undertake such action on the part of the banks and as well as the petitioner, he prays that the concerned banks be permitted to

be added as party respondents in the present case whose details are there in this petition.

The learned counsel for the C.B.I. has no serious objection to the prayer made.

Permission for adding the concerned banks as party respondents, is accorded.

The petitioner is permitted to add the concerned banks as party respondents in red ink.

Issue notice to the newly added respondents. The petitioner shall take steps for personal service of notice and requisites etc. for the same should be

filed latest by 18.12.2019. Affidavit with regard to personal service of notice upon the newly added respondents should be filed latest by 03.01.2020.

The notice upon the newly added respondents should be accompanied with a copy of this order.

Post this case on 06.02.2020.