APHC010474512022 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: 28828/2022 Between: THE MUTHOOT FINANCE LTD, SALUR BRANCH, SALUR VIJAYANAGARAM DISTRICT, ANDHRA PRADESH, REP. BY ITS BRANCH MANAGER MUVVALA GOWN SANKARA RAO S/O.LAKSHMANA, AGE 43 YEARS, R/O.SALUR, VIJAYANAGARAM DISTRICT, AP. ...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, BUCKINGHAMPETA, VIJ AYAWADA, ANDHRA PRADESH 520002. 3. THE SUPERINTENDENT OF POLICE, VIJAYANAGARAM DISTRICT, VIJAYANAGARAM, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, SALUR TOWN POLICE STATION, VIJAYANAGARAM DISTRICT, ANDHRA PRADESH 5. SANGAMREDDY VENKATA RAO, S/O.NAGABHUSHANA RAO AGED - 63 YEARS, OCC - SERVICE CHITTLU VEEDHI, SALUR VIJAYANGARAM DISTRICT, ANDHRA PRADESH. 6. CHELLURI SATISH KUMAR, S/O.RAMTI AGED - MAJOR, OCC - EMPLOYEE D.NO.1-47, TADURU VILLAGE AND POST PACHIPENTA MANDAL, VIJAYANAGARAM DISTRICT ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. K B RAMANNA DORA 2 Counsel for the Respondent(S): 1. GP FOR HOME 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 4th Respondent in issuing the Notice dated 05.09.2002 in respect of loan account No.01583/GCL/000018 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 6th respondent without any manner of right under the guise of registration of FIR No.47/2022 under Sections 419, 468, 420 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.05.09.2022 of 4th Respondent 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.47 of 2022 on the file of Salur Town Police Station, Vizianagaram District registered for the offences under Sections 419, 420 and 468 IPC. The Respondent / Accused in the said crime has allegedly obtained the gold ornaments from the De facto complainant in the said crime under the guise of appraiser in Canara Bank, IIFL, CSB etc and pledged some of them with the Petitioner – Company. On that, 3 Respondent No.4 issued a notice dated 05.09.2022 to the Petitioner- Company to handover the pledged ornaments to the Police. Questioning the impugned notice, this Writ Petition is filed by the Petitioner. 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 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 4 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 (Respondent / 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.28828 of 2022 Dated 13.11.2025 Dinesh