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2025 DAILYLAW 48371 (AP)

Keerthana Finserv Private Limited, v. The State of Andhra Pradesh

CRLP/10023/2025 · 2025-09-23

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010510812025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR CRIMINAL PETITION NO: 10023 OF 2025 Between: 1. Keerthana Finserv Private Limited,, Regd. Office at 11 Pollock Street, 5th Floor, P S Hare Street, Kolkata, West Bengal, India, 700001. The Vice President, Rep. through Seetharamapuram, Vijayawada 520011. 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of A.P., Amaravati, Guntur District. 2. The Station House Officer, Bheemunipatnam Po Visakhapatnam, Andhra Pradesh. 3. Venkataramana Kosana, S/o. K. Suri Reddy, Aged 35 years. Door. No.8 65-102/2, Chillapeta, Near ramalayam, Bheemunipatnam, Visakhapatnam Andhra Pradesh 531163. 4. Chitti Lakshman Reddy Tippana, S/o. Rama Door/Flat No.8-63-93, chillapeta, Ramalayam Back side road, Bheemunipatnam, Visakhapatnam, Andhra Pradesh 531163. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10023 OF 2025 1. Keerthana Finserv Private Limited,, Regd. Office at 11 Pollock Street, 5th Floor, P S Hare Street, Kolkata, West Bengal, India, 700001. The Vice President, Rep. through its Authorised Person, Dinesh Singareni, Seetharamapuram, Vijayawada 520011. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of A.P., Amaravati, Guntur District. 2. The Station House Officer, Bheemunipatnam Police Station, Visakhapatnam, Andhra Pradesh. 3. Venkataramana Kosana, S/o. K. Suri Reddy, Aged 35 years. Door. No.8 102/2, Chillapeta, Near ramalayam, Bheemunipatnam, Visakhapatnam 4. Chitti Lakshman Reddy Tippana, S/o. Rama Krishna, Aged 28 years, 93, chillapeta, Ramalayam Back side road, Bheemunipatnam, Visakhapatnam, Andhra Pradesh 531163. IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Keerthana Finserv Private Limited,, Regd. Office at 11 Pollock Street, 5th Floor, P S Hare Street, Kolkata, West Bengal, India, 700001. The Vice its Authorised Person, Dinesh Singareni, ...Petitioner 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of lice Station, 3. Venkataramana Kosana, S/o. K. Suri Reddy, Aged 35 years. Door. No.8- 102/2, Chillapeta, Near ramalayam, Bheemunipatnam, Visakhapatnam Krishna, Aged 28 years, 93, chillapeta, Ramalayam Back side road, 2 5. Uma Maheswari Neelapu, W/o. Neelapu Nagireddy, Aged 38 years, Door No. 4-58-212, Baki Veedhi, Santhapeta, Bheemunipatnam, Visakhapatnam, Andhra Pradesh 531163. 6. Ramanamma Boyi, W/o. Madava reddy. Aged 55 years. Door No.4-58-212, Santapeta, Near Ganesh Theatre, Bheemunipatnam, Visakhapatnam, Andhra Pradesh 531163. ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the notice U/s 94 B.N.S.S dated 03.09.2025 issued in Crime No. 253/2023, dated 23.09.2023 registered U/s 409, 420 I.P.C. on the file of Bheemunipatnam Police Station, Visakhapatnam City, in the interest of Justice IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with filing of the original certified copy of notice U/s 94 B.N.S.S dated 03.09.2025 issued in Crime No. 253/2023, dated 23.09.2023 U/s 409, 420 I.P.C. on the file of Bheemunipatnam Police Station, Visakhapatnam City,, before this Flon’ble Court IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to grant stay of all further proceedings of the notice U/s 94 B.N.S.S dated 03.09.2025 issued in Crime No. 253/2023, dated 23.09.2023 U/s 409, 420 I.P.C. on the file of Bheemunipatnam Police Station, Visakhapatnam City, against the accused, till the disposal of the quash proceedings. 3 Counsel for the Petitioner: VENKAT CHALASANI Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10023 OF 2025 ORDER:- This Writ Petition is filed under Article 226 of the Constitution ofIndia by the Petitioners seeking the following relief: “....High Court pleased to quash the notice U/s 94 B.N.S.S dated 03.09.2025 issued in Crime No. 253/2023, dated 23.09.2023 registered U/s 409, 420 I.P.C. on the file of Bheemunipatnam Police Station, Visakhapatnam City, in the interest of Justice...” 2. Brief acts of the case are as follows: Petitioner is a Non-Banking Financial Institution dealing with grant of loans to the customers on the security of gold ornaments pledged by them. That being so, the Petitioner-Company provided gold loans to the Accused in Crime No.253 of 2023 on the file of Bhimunipatnam Police Station, Visakhapatnam Commissionerate District registered for the offences under Sections 409, 420 IPC. The Respondents / Accused in the said crime have allegedly stolen the gold ornaments and pledged some of them with the Petitioner – Company. The Accused confessed have allegedly confessed that the ornaments pledged by them with the Petitioner - Company are the property that belongs to the respondent Nos.3 to 6 in the above crime. On that, Respondent No.2 issued a notice dated 03.09.2025 to the Petitioner - Company to handover the pledged ornaments to the Police. Questioning the impugned notice, this Writ Petition is filed by the Petitioner. 5 3. Heard Sri Chalasani Venkat, learned counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 4. 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. 5. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders. 6. Considering the submissions made, the Criminal Petition is disposed of, with the following observations. (i) The Petitioner shall produce the pledged ornaments as and when called by the Investigating Officer for inspection of the same and also permit taking photographs and making the Panchanama, if so required. (ii) The Petitioner shall produce the pledged ornaments before the concerned Court as and when directed by the concerned Court in relation to Crime No.253 of 2023, dated 23.09.2023 on the file of Bheemunipatnam Police Station, Visakhapatnam City. (iii) The Petitioner shall not handover the pledged ornaments to the pledgors (Respondents / Accused) or any other person representing them or permit redemption of the pledges, without prior permission from the concerned Court. 6 (iv) The Petitioner shall not sell, dispose of, or part with possession of the pledged ornaments without prior permission from the concerned Court. There shall be no order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICEVENKATAJYOTHIRMAIPRATAPA Dt.24.09.2025 KKV 7 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10023 OF 2025 24.09.2025 KKV