APHC010376572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i T- TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19093 OF 2025 Between: M/s. Muthoot Fincrop Limited, Floor, Muthoot Center, Punnen Road Thriuvananthapuram, Kerala, India-680001, and its branch at Gandhinagar Kakinada, Represented through its authorized signatory, Sukanyasatya Velamkayala. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Amaravati, Andhra Pradesh. 2. The Sub Inspector of Police/Station House Officer, Samalakota Police Station, Samalakota, Kakinada District, Andhra Pradesh. 3. Venkata Kumari Vanka, W/o. Venkateswara Rao, R/o D.No. 4-57, Near Unduru Village, Samalakot Mandal Kakindada District Post office. Andhra Pradesh. ...RESPONDENTS 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 an appropriate Writ, order nature of a Writ of Mandamus, by declaring the notice issued under Section 91 of the Code of Criminal Procedure, 1973, dated 20-06-2025, in connection direction, particularly in the , or with FIR. No. 231/2024 on the file of Samalkot Police Station against the branch of Petitioner Company (Impugned Notice) and consequently extending threats to the employees of the Petitioner Company to hand interfering with the day to day business activities of the Petitioner without following due process of law as illegal, arbitrary and contrary to the law and consequently set aside the impugned notice dt. 20.06.2025 and further direct the Respondent No.2 not to interfere with the business activities of the Petitioner Company without following due process of law. lA NO: 1 OF 2025 over the gold and Company 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 stay the Notice issued by the Respondent No.2dated: 20.06.2025 against the branch of Petitioner Company by the Respondent Respondent No. 2 not to take No.2 and direct the any coercive actions against the Petitioner Company for the purpose of handing over the gold and grant such other relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case in the interests of justice. Counsel for the Petitioner: SRI SHAIK ASIF Counsel for the Respondent Nos.1 & 2: GP FOR HOME Counsel for the Respondent No.3:— The Court made the following order: 1 APHC010376572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) T- [3396] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19093/2025 Between: 1.MUTHOOT FINCROP LIMITED, 5TH FLOOR, MUTHOOT CENTER, INDIA- GANDHINAGAR, KAKINADA, ITS AUTHORIZED SIGNATORY. PUNNEN ROAD, 680001, AND ITS BRANCH AT REPRESENTED THROUGH SUKANYASATYA VELAMKAYALA. THRIUVANANTHAPURAM, KERALA, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, ANDHRA PRADESH. 2.THE SUB INSPECTOR OF POLICE/STATION HOUSE OFFICER, SAMALAKOTA POLICE STATION DISTRICT, ANDHRA PRADESH. 3.VENKATA KUMARI VANKA, W/0. VENKATESWARA RAO D.NO. 4-57, NEAR POST OFFICE, UNDURU VILLAGE, SAMALAKOT MANDAL KAKINDADA DISTRICT, ANDHRA PRADESH. SAMALAKOTA, KAKINADA R/0 ...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 an appropriate Writ, order, or direction, particularly in the nature of a Writ of Mandamus, by declaring the notice issued under Section 91 of the Code of Criminal Procedure, 1973 dated 20- 06-2025, in connection with FIR. No. 231/2024 on the file of Samalkot Police Station against the branch of Petitioner Company (Impugned Notice) consequently extending threats to the employees of the Petitioner Company to hand over the gold and interfering with the day to day business activities of the Petitioner Company without following due process of law as illegal, arbitrary and contrary to the law and consequently set aside the impugned notice dt. 20.06.2025 and further direct the Respondent No.2 not to interfere with the business activities of the Petitioner Company without following due process of law and pass lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to stay the Notice issued by the Respondent No.2dated: 20.06.2025 against the branch of Petitioner Company by the Respondent Respondent No. 2 not to take any coercive actions against the Petitioner Company for the purpose of handing over the gold and grant such other relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case in the interests of justice Counsel for the Petitioner: 1.SHAIKASIF Counsel for the Respondent(S): 1.GP FOR HOME and No.2 and direct the 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19093/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...pleased to issue an appropriate Writ, order, or direction, particularly in the nature of a Writ of Mandamus, by declaring the notice issued under Section 91 of the Code of Criminal Procedure, 1973, dated 20- 06-2025, in connection with FIR. No. 231/2024 on the file of Samaikot Police Station against the branch of Petitioner Company (Impugned Notice) and consequently extending threats to the employees of the Petitioner Company to hand over the gold and interfering with the day to day business activities of the Petitioner Company without following due process of law as illegal, arbitrary and contrary to the law and consequently set aside the impugned notice dt. 20.06.2025 and further direct the Respondent No. 2 not to interfere with the business activities of the Petitioner Company without following due process of law and pass...” Heard Sri Shaik Asif, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. Learned counsel for the petitioner would submit that it is a case where the petitioner purchased the gold from accused in Crime No.231 of 2024 of Samaikot Police Station. 2. 3. 4. Learned Assistant Government Pleader for Home would submit that a batch of writ petitions were dismissed by the Telangana High Court, stating that the police can issue such notices to purchasers who bought the gold involved in the crime. ¥■ 5. Learned counsel for the petitioner would submit that, even if they produce the gold before the police in compliance of the notice, it can be misused by the police by not producing before the Court, counsel would further submit that the Court may pass appropriate orders by giving necessary directions to the police in this regard. Considering the submissions made, the writ petition is disposed of. However, the police are directed to follow the procedure in accordance with law. The petitioner herein is directed to comply with the notice received from the police. Upon submission of the gold before the police directed to receive the same in the presence of mediators under a panchanama and then produce it before the Court forthwith. Magistrate may take an appropriate decision over the matter with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand Learned 6. the police are The learned in accordance closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Amaravati, Andhra Pradesh. 2. The Sub Inspector of Police/Station House Officer, Samalakota Police Station, Samalakota, Kakinada District, Andhra Pradesh. 3. One CC to Sri Shaik Asif, Advocate [OPUC] 4. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 5. Two CD Copies. Ssb Note: This order is amended as per Court order dated 22/09/2025 made in lA No.2 of 2025 and the above Paragraph No.5 has been incorporated in Para No.5. This order substituted the earlier order dated 05/08/2025 which was dispatched on 18/08/2025. Sd/- N. NAGAMMA ASSISTANT REGISTRAR HIGH COURT DATE D: 05/08/2025 22/09/2025 AMENDED ORDER WP No.19093 OF 2025 g( 0 7 OCT 2025 O j Co' DISPOSING OF THE W.P. WITHOUT COSTS