APHC010496952024 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 HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25845/2024 Between: THE MUTHOOT FINANCE LTD,, NELLORE MAIN BRANCH, REP. BY ITS MANAGER,SHAIK KHAJARAFI S/O SHAIK RAMTHU JANI, AGE - 32 YEARS, R/O 1ST LANE, RAMACHANDRAPURAM, BANGLA THOTA NAWABPETA, NELLORE, SPSR NELLORE DISTRICT. ...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. SUPERINTENDENT OF POLICE, NH216, EDARAPALLE, AMALAPURAM, DR. B. R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH 533201. 4. THE STATION HOUSE OFFICER, ALAMURU POLICE STATION, DR. B. R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. 5. JANA MARUTHI SIVARAM, S/O VEERA VENKATA RAMANAYYA, AGED - 29 YEARS, R/O BOBBARLANKA, ATREYAPURAM MANDAL, DR. B. R. AMBEDKAR KONASEEMA DISTRICT. 6. SHIEK AHMAD BASHA, S/O MAHABOOB BASHA @ BABU, AGE 42 YEARS, R/O D.NO.25-3-37, SP BANGLA, PODALAKUR ROAD, BUJA BUJA, NELLORE, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. K B RAMANNA DORA 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: 2 “....Writ of Mandamus declaring the action of the 4th Respondent herein to extending threats to handover the gold ornaments deposited by the 6th Respondent in respect of loan account No. 00597/MLM/000505 and personal visits and extending threats to the employees of the Petitioner and taking away the gold ornaments without any manner of right under the guise of registration of FIR No.212/2024 under Section 331(4), 305 BNS after office hours in the night without following due process of law as illegal, unwarranted, unsustainable, arbitrary, unconstitutional, against Law as well as principles of natural justice and consequently direct the Respondents to return the gold ornaments seized from the petitioner not to interference with the business activities of the Petitioner Company 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 Respondent No.6 herein, who is the Accused in Crime No.212 of 2024 on the file of Alamuru Police Station, Dr.B.R.Ambedkar Konaseema District registered for the offences under Sections 331(4) and 305 of BNS. Respondent No.6 pledged the gold ornaments which were alleged to have been committed theft from the house of Respondent No.5 herein, with the Petitioner-Company and obtained loan of Rs.4,50,000/-. On that, Respondent No.4 issued a notice dated 29.10.2024 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 P.Ajay Babu, 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 3 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 relation to Crime No.212 of 2024 on the file of Alamuru Police Station, Dr.B.R.Ambedkar Konaseema District. (iii) The Petitioner shall not handover the pledged ornaments to the pledgors (Respondent No.6 / Accused) or any other person representing him 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.20.12.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No.25845 of 2024 Dated 20.12.2025 Dinesh