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High Court of Andhra Pradesh · body
2025 DAILYLAW 45440 (AP)
THE MUTHOOT MONEY LTD v. THE STATE OF ANDHRA PRADESH
WP/10425/2025 · 2025-04-24
Harinath N
body2025
[ 2025 DAILYLAW 45440 (AP) · dailylaw.ai ]
[ 2025 DAILYLAW 45440 (AP) · dailylaw.ai ]
Judgment text
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[ 3457 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10425 OF 2025 'b a Between: The Muthoot Money Ltd, Chenchupet Branch, Tenali, Guntur District, Andhra Pradesh, Rep. by its Branch Manager Perugu .PothuRaju, S/o Srinivasarao. Age: 31 years, R/o D.No.13-15-9, Bhramana Bazar, Pinapadu, Tenali, Guntur District, AP. ...Petitioner AND The State of Andhra Pradesh, Represented by its Principal Secretary Home Department, A.P. Secretariat, Velagapudi, Guntur, Andhra Pradesh The Director General of Police, State of Andhra Pradesh, Amaravati. The Superintendent of Police, Guntur District, Andhra Pradesh. The Station House Officer, Tenali Ml Town Police Station, Guntur District, Andhra Pradesh Allamudi Siva Prasad, S/o. (Late) AVS Chalapathi Rao Aged: 61 years Occ: Retd. BSNL Employee, R/o D,No. 10-37-2, Amaravati Plots, Chenchupet, Tenali, Guntur District, Andhra Pradesh. Aremanda.Teja Krishna Kamal, S/o A. Rajendraprasad, Aged about 31 years, Occ: Employee, R/o D,No.10-41-10, Government Hospital Road Opp Chavas Grand, Chenchupet, Tenali, Guntur District, Andhra Pradesh. 1. 2. 3. 4. 5. 6. ...Respondents
r% Petition under Article 226 of the Constitution of India praying that in Ipijtetci^stances stated in the affidavit filed therewith, the High Court may ’4;)^i^©ase^ to issue a Writ, order or a direction, more particularly one in the \ nfL^ b^yVrit of Mandamus, declaring the action of the 4*'" Respondent in issuing fhe Notice dated 15.04.2025 in respect of loan account 0564/HDL/14 dated 03.03.2025 and 0564/MHL/87 dated 25.02.2025 and jDersonal visits and extending threats to the employees of the Petitioner to hand over the gold ornaments in respect of loan amounts sanctioned to 6th respondent without any manner of right under the guise of registration of FIR No.89/2025 under Sections 319(2),318(4),336(2),336(3),340 of BNS of Tenali III Town PS and interference of the 4*^ respondent with the day-to- day business activities of the Petitioners Company without following due process of law as illegal, unwarranted, unsustainable, arbitrary, unconstitutional, against Law as well as principles of natural justice and consequently set aside the notice dated. 15.04.2025 of 4‘^ Respondent and direct the Respondents not to interference with the business activities of the Petitioner without following due’process of law.
lA NO: 1 OF 2025 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 arrest, interfere with the business activities of the Petitioner Company including seizure of gold ornaments under the guise of Notice under section 91 and 102 of Cr.P.C,1973 dated 15.04.2025 without following due process of law. Counsel for the Petitioner: SRI K & RAMANNA DORA Counsel for the Respondents Noil to 4: GP FOR HOME the Court made the following: Order
APHC010200732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10425/2025 Between: The Muthoot Money Ltd ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner:
1.KBRAMANNA DORA Counsel for the Respondent(S):
1.GP FOR HOME
T HN,J W.P.No. 10425 of 2025 The Court made the following Order: The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the notice issued under Sections 91 and 102 of
1. \ BNSS. The 4' respondent is investigating Crime No.89 of 2025, on the file of Tenali III Town Police Station, registered under Sections 319(2), 336(2), 336(3), 340(2) of BNS. The complainant has alleged that the accused in the aforementioned crime, with his deceitful words, had taken the amount on
2. several occasions from him. The accused also obtained signatures from the wife of complainant and took a loan of Rs.5,60,000/- from her Union Bank account, without their knowledge and thereby cheated the complainant. The complainant gave a report to the police with a request to freeze the account of the accused. In that regard, the police have issued a notice under Sections 91 and 102 of the BNSS dated 15.04.2025. The
learned counsel appearing for the petitioner submits that the complaint would not constitute any offence as against the petitioner company and more so, the property deposited with the petitioner company by the 6 respondent (accused in the aforementioned crime), is no way involved, directly and indirectly in the said crime. Based on the complaint given by the complainant/5‘'^ respondent, the 4‘^ respondent is threatening the petitioner-
3. th company, to seize the gold ornaments. As such, the notice is vague, and the
HN,J W.P.No. 10425 of 2025 petitioner seeks to set aside the notice issued under Sections 91 and 102 of the BNSS. The issue of investigation is left open for the 4*^ respondent, who is investigating Crime No.89 of 2025. Any interference with the notices issued under Sections 91 and 102 of
4. the BNSS would amount to interference in the process of investigation. The power conferred on police under Sections 91 and 102 of the BNSS is a statutory power. This Court is not inclined to interfere with the powers of police in investigating a case, in absence of any patent illegality or irregularity. Considering the stage of investigation, this Court is not inclined to interfere with the process of investigation of Crime No.89 of 2025, on the file
5. of Tenali III Town Police Station, .t Accordingly, the Writ Petition is dismissed. There shall be no order as to
6. costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- G HELA NAJDU ASSISTANT REGISJT^AR //TRUE COPY// SE OFFICER To, 1 One CC to SRI K B RAMANNA DORA Advocate [OPUC]
2. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT]
3. Three CD Copies
HIGH COURT DATED:25/04/2025
ORDER WP.No.10425of2025 DISMISSING THE WRIT PETITION WITHOUT COSTS