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2025 DAILYLAW 25296 (AP)

The Muthoot Finance Ltd. v. The State of Andhra Pradesh

WP/23779/2020 · 2025-08-11

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010357772020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23779/2020 Between: 1. THE MUTHOOT FINANCE LTD., PATAMATA BRANCH, VIJAYAWADA REGION, ANDHRA PRADESH REP. BY ITS REGIONAL MANAGER ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, AMARAVATI. 3. THE COMMISSIONER OF POLICE, , VIJAYAWADA CITY, VIJAYAWADA, AP. 4. THE STATION HOUSE OFFICER, PATAMATA POLICE STATION, VIJAYAWADA-. 5. SMT PURAM SOWMYA, , W/O CHAITANYA, AGED 26 YEARS, OCC- HOUSE WIFE, D.NO. 70-2-12/1, THOTAVARI STREET, PATAMATA, VIJAYAWADA, AP. ...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, order or a direction, more particularly one in the 2 nature of Writ of Mandamus, declaring the action of the respondents, more particularly the 4th Respondent in his carrying out personal visits to the petitioner premises and extending threats to the employees of the Petitioner to hand over the pledged gold ornaments in respect of loan amounts sanctioned to defacto complainant/5th respondents and others under the guise of registration of Crime vide FIR No. 804/2020 under Section 420, 406 of IPC and interference with the day-to-day business activities of the Petitioner's Company without following due process of law as illegal, unwarranted, unsustainable, arbitrary against Law as well as principles of natural justice and consequently direct the Respondents not to seize any gold ornaments from the petitioner company and further not to interfere with the business activities of the Petitioner without following due process of law and pass IA NO: 1 OF 2020 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 Respondents not to seize any gold ornaments from the petitioner company's custody and further not to interfere with the business activities of the Petitioner Company under the guise of Crime FIR No. 804/2020 under Sections 420, 406 of IPC without following due process of law and pass Counsel for the Petitioner: 1. K B RAMANNA DORA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23779 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents, more particularly the 4th Respondent in his carrying out personal visits to the petitioner premises and extending threats to the employees of the Petitioner to hand over the pledged gold ornaments in respect of loan amounts sanctioned to defacto complainant/5th respondents and others under the guise of registration of Crime vide FIR No. 804/2020 under Section 420, 406 of IPC and interference with the day-to-day business activities of the Petitioner's Company without following due process of law as illegal, unwarranted, unsustainable, arbitrary against Law as well as principles of natural justice and consequently direct the Respondents not to seize any gold ornaments from the petitioner company and further not to interfere with the business activities of the Petitioner without following due process of law and pass…” 2. When the matter was taken up for hearing, learned counsel for the petitioner would submit that the petition may be disposed of, since the relief has become infructuous in this matter. 3. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents is in attendance. 4. Recording the same, the Writ petition is dismissed since the relief has become infructuous. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.08.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.23779 of 2020 Dated.12.08.2025 UPS 31