APHC010134932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 7113/2025 Between: 1. DRU GOLD FINANCE PVT LTD, JAGADAMBHA CENTRE, VISAKHAPATNAM HAVING ITS REGD. OFFICE AT 8-2 86 26/2, 2ND FLOOR, SRI KRISHNA HOUSE, ROAD NO. BANJARA HILLS, HYDERABAD, TELANGANA. REP BY ITS CLUSTER SALES MANAGER MR. PAMIDI ANIL KUMAR 2. MR. PAMIDI ANIL KUMAR,, S/O P SRINIVASA RAO, AGED ABOUT 34 YEARS, OCC CLUSTER SALES MANAGER, M/S. DRU GOLD PVT LTD R/O. D.NO.62-19-948, YADAVALA BAZAR, OLD GUNTUR, GUNTUR, ANDHRA PRADESH-522001 ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELGAPUDI, AMRAVATI, ANDHRA PRADESH. 2. THE STATION HOUSE OFFICER, ELURU-I TOWN POLICE STATION, ELURU DISTRICT 3. THE SUBINSPECTOR OF POLICE, ELURU-I TOWN POLICE STATION, ELURU DISTRICT ...RESPONDENT(S): 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 or Writs, Order or orders or direetions, more particularly in the nature of Writ of Mandamus declaring the Letter dated 15.02.2025 issued by the Respondent No.3 in directing the Petitioner Company to release the gold which was purchased from the Accused No.4 i.e., Mr.Rangala Vinod Kumar, S/o. Satyanarayana as the Crime was registered vide F.I.R.No.202 of 2024, dt.20.12.2024 on the file of Eluru-I Town Police Station is arbitrary, illegal, without jurisdiction and contrary to the provisions of the Bharatiya Nyaya Sanhita, 2023 and violative of Articles 14, 19(1) (g), 21 and 300-A of the Constitution of India and consequently set aside the Letter dated 15.02.2025 issued by the Respondent No.3 and pass Counsel for the Petitioner(S): 1. K SANDHYA REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners seeking the following relief: “....to issue a Writ or Writs, Order or orders or directions, more particularly in the nature of Writ of Mandamus declaring the Letter dated 15.02.2025 issued by the Respondent No.3 in directing the Petitioner Company to release the gold which was purchased from the Accused No.4 i.e., Mr.Rangala Vinod Kumar, S/o. Satyanarayana as the Crime was registered vide F.I.R.No.202 of 2024, dt.20.12.2024 on the file of Eluru-I Town Police Station is arbitrary, illegal, without jurisdiction and contrary to the provisions of the Bharatiya Nyaya Sanhita, 2023 and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently set aside the Letter dated 15.02.2025 issued by the Respondent No.3 and pass ...” Brief facts of the case are as follows: Petitioner No.1 is a private company registered under the Companies Act, 2013 for doing business of purchasing used gold and mortgaged gold in any bank of non-banking financial corporation (NBFC). There is a gold transaction between Petitioner No.1 Company and one Rangala Vinod Kumar for release of gold from Muthoot Money Ltd., Kailashapuram Branch, Visakhapatnam as per purchase receipt dated 03.01.2025. Basing on the complaint given by one Ram Bala Singh, Eluru, a case in crime No.202 of 2024 of I Town Police Station, Eluru was registered against the suspicious persons for the offences punishable under Sections 331(4) and 305(a) of BNS, 2023 on the allegation that worth of Rs.1,60,000/- of gold and silver items were missed in his house. During investigation, basing on the confessional statement of the said R.Vinod Kumar, he was shown as A.4 in the above crime and he was arrested. Petitioner No.1 3 received the impugned letter dated 15.02.2025 from respondent No.3 to release/return the gold which was purchased from A.4 and hand over the pledged gold ornaments to the Investigating Officer. Questioning the impugned letter, this Writ Petition is filed by the Petitioners to declare the same as illegal and arbitrary and to set aside the same. Heard learned counsel for the Petitioners and learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. Learned counsel for the Petitioner would submit that the subject matter of this Writ Petition is squarely covered by the Order the Hon’ble Supreme Court on 19.02.2024 in Special Leave Petition (Crl.) No.9539 of 2023 and placed on record the said order and would submit that similar orders may be passed by disposing of this Writ Petition. Learned Assistant Government Pleader on instructions would submit that appropriate orders may be passed by disposing of this Writ Petition. In that view, this Writ Petition is allowed in terms of the Order dated 19.02.2024 in Special Leave Petition (Crl.) No.9539 of 2023 passed by the Hon’ble Supreme Court and the impugned letter is set aside. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 7113 of 2025 21.08.2025 Mjl /*