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2025 DAILYLAW 52589 (AP)

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

WP/12124/2024 · 2025-12-19

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010243352024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12124/2024 Between: 1. THE MUTHOOT FINANCE LTD,, KAMAIAHTHOPU BRANCH, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH, REP. BY ITS BRANCH MANAGER ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR, ANDHRA PRADESH 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, AMARAVATI ANDHRA PRADESH 520002. 3. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT,ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, PENUMALURU POLICE STATION, KRISHNA DISTRICT, ANDHRA PRADESH. 5. SMT VEERLA HEMALATHA, W/O. SRINIVASA RAO, AGED 47 YEARS. R/O.D.NO. 14/196-25-1, TEMPLE COLONY, MACHILIPATNAM POST OFFICE, KRISHNA DISTRICT, ANDHRA PRADESH-521001. 6. SMT VENIGALLA NANCHARAMMA, W/O. GANGADHARA RAO, A/58, R/O. D.NO. 3-158, NEAR PANDURANGA MEDICAL SHOP PORANKI VILLAGE, PENUMALURU MANDAL, KRISHNA DISTRICT, ANDHRA 2 PRADESH. ...RESPONDENT(S): 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: 12124/2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in issuing the Notice dated 18.05.2024 in respect of loan account Nos.MSL/26135, MHL/3569, MHL/3571, MAL/7145 and MAL/7146 and personal visits and extending threats to the employees of the Petitioner to hand over the gold ornaments in respect of loan amounts sanctioned to 5th respondent without any manner of right under the guise of registration of Crime No.523/2024 under Sections 354, 420, 506,509 R/w 34 of IPC and interference of the 4th respondent with the day-to-day business activities of the Petitioner's 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 18.05.2024 of 4th Respondent and direct the Respondents not to interference with the business activities of the Petitioner without following due process of law.…” 2. None represented for the petitioner. None represented for the petitioner. The present Writ Petition was filed challenging the action of the 4th respondent in issuing the notice dated 18.05.2024 under Sections 91 and 160 of Code of Criminal Procedure, 1973 in respect of loan Account Nos. MSL/26135, MHL/3569, MHL/3571, MAL/7145 and MAL/7146 and interfering in the day to day activities of the petitioner company. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that as a part of the investigation in Crime No.523 4 of 2024, the respondent-police have served notice under Section 91 of Cr.P.C., to the petitioner company. Except that, they are not interfering in the day to day business activities of the petitioner-company. 4. Recording the same, this Writ Petition is disposed of. However, the police are directed not to interfere in the day to day activities of the petitioner- company, except under due process of law. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 20.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12124/2024 Dated.20.12.2025 UPS 185