APHC010530372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28344/2024 Between: 1. MANAPPURAM GENERAL FINANCE AND LEASING LIMITED, HAVING ITS REGISTERED OFFICE AT IV / 470 (OLD) W638A (NEW), MANAPPURAM HOUSE VALAPAD, THRISSUR, KERALA, INDIA - 680 567 AND ITS BRANCH OFFICE BAPATIA TOWN, GUNTUR DISTRICT. REPRESENTED THROUGH ITS AUTHORIZED SIGNATORY. DEEPAK KUMAR DAS, ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT BUILDINGS, AMARAVATI, ANDHRA PRADESH. 2. THE STATION HOUSE OFFICER, BAPATIA TOWN POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH. 3. GOLLAMUDI UDAYA KUMARI, W/O BEJJAM SURENDRA BABU AGED ABOUT 38 YEARS, R/O SANTHI NAGAR, 7TH WARD, BAPATIA TOWN, GUNTUR DISTRICT. ANDHRA PRADESH. 4. SHAIK SHAKEELA, W/O AKBAR BASHA, R/O RAILPET, 5TH WARD, BAPATIA TOWN GUNTUR DISTRICT. ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue an appropriate Writ, order, or direction, particularly in the nature of a Writ of Mandamus, by declaring the Notice issued by Respondent No.2 U/s 94of BNSS dt 18.11.2024 against the branch of Petitioner Company (Impugned Notice) and consequently extending threats to the employees of the Petitioner Company to hand over the pledged gold ornaments in respect of loan amounts sanctioned to the Respondent No.4 without discharging the loan amounts under the guise of registration of crime vide No 372 of 2024 Dated. 14.11.2024 under Section 331(3), 305(a) BNSS, Bapatia Town Police Station, Bapatia town and interfering with the day to day business activities of the Petitioner Company without following due process of law as illegal, arbitrary and contrary to the law and consequently set aside the impugned notice dt. 18.11.2024 and further direct the Respondents not to interfere with the business activities of the Petitioner Company without following due process of law and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to stay the Notice issued by the Respondent No.2, dt. 18.11.2024 against the branch of Petitioner Company by the Respondent No.2and direct the Respondent No. 2 not to take any coercive actions against the Petitioner Company for the purpose of handing over the gold ornaments pledged by the Respondent No.4 and grant such Counsel for the Petitioner: 1. SHAIK ASIF Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28344 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate Writ, order, or direction, particularly in the nature of a Writ of Mandamus, by declaring the Notice issued by Respondent No.2 U/s 94of BNSS dt 18.11.2024 against the branch of Petitioner Company (Impugned Notice) and consequently extending threats to the employees of the Petitioner Company to hand over the pledged gold ornaments in respect of loan amounts sanctioned to the Respondent No.4 without discharging the loan amounts under the guise of registration of crime vide No 372 of 2024 Dated. 14.11.2024 under Section 331(3), 305(a) BNSS, Bapatia Town Police Station, Bapatia town and interfering with the day to day business activities of the Petitioner Company without following due process of law as illegal, arbitrary and contrary to the law and consequently set aside the impugned notice dt. 18.11.2024 and further direct the Respondents not to interfere with the business activities of the Petitioner Company without following due process of law and pass.…” 2. Brief facts of the case are as follows: The petitioner is a Non-Banking Financial Institution dealing with grant of loans to the customers by pledging gold ornaments as security. That being so, the petitioner-company provided gold loans to Respondent No.4 against the pledge of gold ornaments. Based on the complaint given by the defacto- complainant, a case in Crime No.372 of 2024 of Bapatla Town Police Station, Bapatla was registered for the offences under Sections 331(3), 305(a) of BNS, wherein, Respondent No.4 herein is the accused No.2. Respondent No.4/accused No.2 pledged some gold ornaments in the petitioner-company. Respondent No.2 issued the notice impugned 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 Shaik Asif, learned counsel learned counsel for the Petitioner and 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 of2023 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, on written instructions would submit that based on the complaint given by one Gollamudi Udayakumari, aforesaid crime was registered against the unknown offender. During the course of investigation, on 20.11.2024, on receipt of credible information, respondent No.2 caught hold the accused persons and based on their confession, respondent No.2 issued the notice impugned to the petitioner- company to hand over the ornaments pledged by respondent No.4/accused No.2 in order to file the final report before the Trial Court. 6. Considering the submissions made, the Writ Petition is disposed of, setting aside the Notice dated 18.11.2024, 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 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.372 of 2024 of Bapatla Town Police Station, Bapatla District. (iii) The Petitioner shall not handover the pledged ornaments to the pledgors (Respondent No.4 / A.2) 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. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 30.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.28344 of 2024 Dated.30.12.2025 TVN 225