APHC010655992022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 39084/2022 Between: THE MUTHOOT FINANCE LTD., KANCHARAPALEM BRANCH, REPRESENTED BY ITS BRANCH MANAGER, BONDANAGARAJU S/O MAHA LAKSHMI NAIDU, AGED 36 YEARS, D.NO.57-1-41, 1ST FLOOR, MAIN ROAD, URVASI THEATER JUNCTION, BESIDE SARITHA HOSPITAL, KANCHARAPALEM, VISAKHAPATNAM, ANDHRA PRADESH ...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, VISAKHAPATNAM. 4. THE STATION HOUSE OFFICER, II TOWN POLICE STATION, VISAKHAPATNAM CITY. 5. PERLAKOUSHIK, S/O.PERLA SAMBA MURTHY, AGED .37 YEARS, R/O. D.NO. 31-8-58/3, ALLIPURAM, NEAR NEELAYAMMAVEPACHETTU, BANGARAMMAMETTA, VISAKHAPATNAM, ANDHRA PRADESH. 6. BATTAPRASANNA KUMAR, S/O KANAKARAJU, AGED 29 YEARS, D.NO. 36-92-431, INDRA NAGAR-1, URVASIJUNCTION ,KANCHARAPALEM, VISAKHAPATNAM-530008. 7. PEETHALAVINOD KUMAR, S/O GURUNADHARAO, AGED 28 YEARS, D.NO. 36-93-60/1, INDIRA NAGAR-2, KANCHARAPALEM, VISAKHAPATNAM-8. 8. NADIGATLA RAJESWARI, D/O APPALARAJU, AGED 29 YEARS, D.NO.14-43-48, GODDUVANIPALEM, GVMC PARK, PEDAGANTYADA, VISAKHAPATNAM-530044. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. K B RAMANNA DORA Counsel for the Respondent(S): 1. GP FOR HOME 2. V V RAVI PRASAD 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: “....Writ of Mandamus declaring the action of the respondents, more particularly the 4 Respondent in serving the letter and notice on 28-11- 2022 and extending threats to the employees of the Petitioner to hand over the pledged gold ornaments in respect of loan amounts sanctioned to the borrowers of the petitioner Batta Prasanna Kumar, Peethala Vinodh Kumarand Nadigatla, Rajeswari without discharging the loan amounts under the guise of registration of crime vide No.379/2022 under Section 406, 408 r/w 34 IPC II Town P.S, Visakhapatnam City 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 direct the Respondents not to interference with the business activities of the Petitioner without following due process of law...” 2. Brief facts 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.379 of 2022 on the file of II Town Police Station, Visakhapatnam registered for the offences under Sections 406 and 408 read with 34 IPC. The Respondents / Accused in the said crime have allegedly stolen the gold ornaments and pledged some of them with the 3 Petitioner – Company. The Accused have allegedly confessed that the ornaments pledged by them with the Petitioner-Company are the property that belongs to Respondent No.5 - De facto complainant in the above crime. On that, Respondent No.4 issued a notice dated 28.11.2022 to the Petitioner-Company to furnish the account details of the Accused and to freeze the account or pledge, if any existed in the names of the Accused. In that view, the Police, under the guise of registration of the above crime, are interfering with the day-to-day activities of the Petitioner-Company. 3. Heard Sri K.B.Ramanna Dora, 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 Writ Petition is disposed of. Police are directed not to involve in the day-to-day business affairs of the Petitioner, except under due process of law. However, (i) The Petitioner shall produce the pledged ornaments as and when called by the Investigating Officer for inspection of the same and 4 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.379 of 2022 on the file of II Town Police Station, Visakhapatnam. (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. (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.JUSTICE VENKATA JYOTHIRMAI PRATAPA Dt.13.11.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No.39084 of 2022 13.11.2025 Dinesh