APHC010523122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27614/2025 Between: 1. THE MUTHOOT FINANCE LTD, . TEMPLE ALWAL BRANCH, SECUNDERABAD, TELANGANA, REP. BY ITS BRANCH MANAGER, MR. NEELAM BALAKRISHNA S/O.NEELAM MARAIAH, AGED 35 YEARS, R/O. HYDERABAD , TELANGANA ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, AMARAVATI. 3. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT RAJAHMUNDRY. 4. THE INSPECTOR OF POLICE, II TOWN L AND O, POLICE STATION RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, AP. 5. THE STATE OF TELANGANA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, HYDERABAD. 6. THE DIRECTOR GENERAL OF POLICE, STATE OF TELANGANA, HYDERABAD. 7. THE COMMISSIONER OF POLICE, HYDERABAD, TELANGANA. 8. SREEPADA NAGA LAXMI, W/O.B.V.KRISHNA SASTRY AGED 39 YEARS, OCC HOUSEWIFE, R/O. H.NO. 6-20-3, T.NAGAR, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT, ANDHRA PRADESH. 9. A NAGA JYOTHI, W/O.SRIRAMANA CHANDRA MUTHY, AGED 47 YEARS, OCC HOUSEHOLD R/O. H.NO. 1-10-59, TEMPLE ALWAL, SECUNDERABAD, TELANGANA. 10. V SIVA DATTA BHASKAR, S/O.S.V.NARAYANA MURTHY AGED MAJOR OCC BUSINESS R/O. H.NO. 1-10-59, TEMPLE ALWAL, SECUNDERABAD, TELANGANA. 2 ...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: “....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 herein to extending threats to handover the gold ornaments deposited by the 9th and 10th Respondent in respect of loan account Nos.BTO-256, MSL-19537, 19538, 19539, 19540, 19542, 19544, 19551, 19554, 19555, 19556, 19558, 19559, 19560, 19564 and 19566 and personal visits and extending oral threats to the employees of the Petitioner to hand over the gold ornaments without any manner of right under the guise of registration of Crime No.174/2025 under Sections 318 (4), 351 (2) BNS against Respondent No. 10 and issuing undated notice under Section 94 BNSS (91CRPC) and interference with the day-to-day business activities of the Petitioners 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 undated Notice under Section 94 BNSS and direct the Respondents not to interference with the business activities of the Petitioner Company without following due process of law...” 2. Brief facts of the case are that the 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.174 of 2025 on the file of Rajahmundry II Town Police Station, East 3 Godavari District, registered for the offences under Sections 318(4) and 351(2) of BNS. The Respondents / Accused in the said crime have allegedly cheated the defacto complainant and taken the gold ornaments and pledged them with the Petitioner – Company. On that, Respondent No.4 issued a notice under Section 94 BNSS 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, setting aside the notice issued to the Petitioner-Company under Section 94 BNSS, 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 4 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.174 of 2025 on the file of Rajahmundry II Town Police Station, East Godavari District. (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.14.10.2025 Asr 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No.27614 of 2025 14.10.2025 Asr