Andhra Pradesh High Court
WP/15340/2026 of Macha Sidda Gopal, Vs The Union of India on 17 August 2026
IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE 18 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15340/2026 Between: 1. MACHA SIDDA GOPAL,, S/O. MACHA GOPALAIAH (LATE) AGED ABOUT 32YEARS, R/O 2/126, P KOTHAPALLI, VTC PONNAVOLU, SIDHOUT, CUDDAPAH, ANDHRA PRADESH 1. THE
APHC010258652026
IN THE
TUESDAY
THE HONOURAB
WRIT
Between:
1. MACHA SIDDA GOP
ABOUT 32YEARS, R
SIDHOUT, CUDDAPA
1. THE UNION OF IND
SECRETARY, 166-B
2. THE HDFC BANK, R
BANK LIMITED, D C
516001
3. THE HDFC BANK LIM
HOUSE, SENAPATI
MAHARASHTRA - 400
4. THE INSPECTORINC
BADAMTALA, KALNA
WEST BENGAL - 713
5. THE RESERVE BAN
DIRECTOR FOR AND
SAIFABAD, P.B. NO.1
W.P.N
HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
, THE 18th DAY OF AUGUST 2026
PRESENT
BLE SRI JUSTICE RAVI CHEEMALAPA
T PETITION NO: 15340/2026
PAL,, S/O. MACHA GOPALAIAH (LATE
/O 2/126, P KOTHAPALLI, VTC PON
AH, ANDHRA PRADESH- 516237.
...PE
AND
DIA, MINISTRY OF FINANCE, REP
NORTH BLOCK, NEW DELHI - 110001
REP BY ITS BRANCH MANAGER (AVP
C ROAD CUDDAPAH, ANDHRA PR
MITED, REP BY ITS MD AND CEO HD
BAPAT MARG, LOWER PAREL(W),
CHARGE, CYBER CRIME POLICE
A ROAD, PURBA BARDHAMAN DIST
NK OF INDIA, REPRESENTED BY R
DHRA PRADESH 6-1-56, SECRETARI
1, HYDERABAD - 500004.
...RESPON
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No.15340 of 2026
H
ATI
E) AGED
NNAVOLU,
TITIONER
P. BY ITS
.
P), HDFC
RADESH -
DFC BANK
MUMBAI,
STATION
T. POLICE
REGIONAL
IAT ROAD
NDENT(S):
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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 4 in issuing a Notice dated 10.08.2024 adressing the Branch Manager, HDFC Bank and thereby instructing to debit freeze an Account No. 50100524052108 in HDFC
Bank with IFSC -HDFC0004009 of the Petitioner and consequential action of the Respondents 2 and 3 in debit freezing the account of the petitioner in view of the such Notice is being assailed as illegal, arbitrary, unconstitutional and in violation of provisions of Bharathiya Nagarika Suraksha Samhitha, 2023 and Set aside the said Notice and further direct the Respondents not to interfere with the operation of the said bank account of the petitioner and to pass IA NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant a stay on transferring/deducting/reverting any amounts lying in the Bank Account No. 50100524052108 in HDFC Bank with IFSC - HDFC0004009 in view of the notice dated 10.08.2024 issued by the Respondent no 4 addressing the Respondent no 2 without any further notice to the Petitioner, pending disposal of the above writ petition and to pass IA NO: 2 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 2 to permit the Petitioner to operate the Account No. 50100524052108 in HDFC Bank with IFSC -HDFC0004009, pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1.BARRI PARTHASARADHI REDDY
Counsel for the Respondent(S):
1.S SATYANARAYANA MOORTHY
2.K MALLIKHARJUNA MOORTHY
3.CHALASANI AJAY KUMAR
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ORDER
This writ petition is filed questioning the action of respondent no.4 in addressing a notice dated 10.08.2024 to the Branch Manager, HDFC Bank instructing him to debit freeze account of the petitioner bearing No.50100524052108 in HDFC Bank and consequential action of respondent nos. 2 and 3 in debit freezing the account of the petitioner in view of the said notice.
2. Heard Sri Parthasaradhi Reddy, learned counsel for petitioner, Sri S.Satyanarayana Moorthy, learned counsel for respondent no.5-Reserve Bank of India, Sri K.Mallikharjuna Moorthy, learned Central Government Counsel and Sri Chalasani Ajay Kumar, learned Standing Counsel for respondent no.2 bank.
3. Sri Parthasaradhi Reddy, learned counsel, while reiterating the contents of the writ affidavit would contend that on the notice dated 10.08.2024 issued by respondent no.4-Inspector-In-Charge, Cyber Crime Police Station, the respondent no.2- Manager, HDFC Bank, debit freezed the petitioner’s bank account in violation of the principles of natural justice and law established by Hon’ble Supreme Court and thereby disabling him from operating his account, despite the fact that the petitioner is not an accused in any of the alleged cyber crimes nor had any acquaintance with any person involved in the alleged crimes and therefore, blanket freezing of the account of the petitioner in its entirety and even if there is any intimation/direction/
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requisition, the blanket ought to have confined debit-freezing of the account only to the extent of the disputed amount enabling the petitioner to deal with his account and transact beyond that limit. Accordingly, prayed to allow the petition.
4. Sri Chalasani Ajay Kumar, learned Standing Counsel for bank, on counter, contended that based on the instructions received from Cyber Crime Police Station that in relation to a cyber crime, an amount of Rs.42,750/- has been transferred to the petitioner subject bank account, the same had been frozen and prayed to pass appropriate orders.
5. Perused the material available on record and considered the submissions made by learned counsel for the parties.
6. The petitioner’s bank account was frozen as per the instructions received from Cyber Crime Police Station, Purba Bardhaman District Police, West Bengal. The total disputed amount is Rs.42,750-00 ps. as per the notice addressed to the respondent no.2 Bank. As of now there is no material to show that the petitioner is an accused in any of the cyber crimes with regard to which the account was frozen.
7. It is fairly settled that debit freezes must be strictly confined to the disputed or suspected amount rather than blocking the entire account. Freezing an entire bank account is considered disproportionate, illegal, and a violation of rights under Articles 19(1)(g) and 21 of the Constitution, as it paralyzes livelihoods and legitimate business operations. Therefore, this court RC,J
is inclined to direct the bank to mark a lien only on the specific fraudulent/disputed amount while unfreezing the remainder of the account so as to enable the petitioner to operate it normally.
8. Accordingly, this writ petition is disposed of, directing the respondent bank to mark lien only on the specific disputed amount while unfreezing the remainder of the account of the petitioner. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE RAVI CHEEMALAPATI 18th August, 2026.
RR