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2025 DAILYLAW 79433 (MAD)

Muthoot Finance Limited v. State by, Inspector of Police,

CRL OP/21598/2025 · 2025-08-01

P Velmurugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 21598 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-08-2025 CORAM THE HONOURABLE MR JUSTICE P. VELMURUGAN CRL OP No. 21598 of 2025 1. Muthoot Finance Limited Office at 12, A02 Pearl Block Orchid springs, Nesapakkam, Chennai-600 078 Rep.by its Assistant Manager, Mr.T.Gopinath. Petitioner(s) Vs 1. State by, The Inspector of Police, D-3 Ice House Police Station, Triplicane, Chennai-600 005. Cr.No.215/2025. Respondent(s) PRAYER This Criminal Original Petition is filed under Section 528 of BNSS, to direct the respondent-Police not to harass the petitioner under the guise of enquiry, to follow the due process of law in respect of any proposed seizure of articles. 1/6 https://www.mhc.tn.gov.in/judis CRL OP No. 21598 of 2025 For Petitioner(s): M/S.Revathi G.Mohan For Respondent(s): Mr.S.Vinoth Kumar Government Advocate (Crl.Side) ORDER This Criminal Original Petition has been filed to direct the respondent- Police not to harass the petitioner under the guise of enquiry and to follow the due process of law, in respect of any proposed seizure of articles. 2. Learned counsel for the petitioner submitted that the petitioner/Company is a financial company and it lends personal and business loans to the customers by securing gold jewels. Based on the complaint given by one Mrs.Krishnaveni, the respondent-Police, without conducting proper enquiry, and without any intimation/notice, is harassing the petitioner. The petitioner is ready to co-operate with the respondent-Police for investigation. 3. Learned Government Advocate (Crl.Side) appearing for the respondent-Police submitted that based on the complaint given by one 2/6 https://www.mhc.tn.gov.in/judis CRL OP No. 21598 of 2025 Mrs.Krishnaveni, the respondent/Police registered a case in Crime No.215 of 2025 as against the accused persons for the offences under Sections 316(2) and 318(2) of the BNS. In the complaint, it is stated that accused persons have mortgaged/ pledged the stolen gold jewels with the petitioner-Company and obtained loan. Hence, the respondent-Police has sent notice to the petitioner- company for freezing of the Loan Account. The petitioner has also complied with the representation made by the respondent-Police. Subsequently, the petitioner filed the present criminal original petition. The petitioner has voluntarily given assurance to the respondent-Police that they will freeze the account of the accused and also stated that they ready to cooperate for investigation. Hence, the question of harassment is not made out. 4. Admittedly, the respondent-Police registered a case in Crime No.215 of 2025 for the offences under Sections 316(2) and 318(2) of the BNS against one Mrs.Santhiya Rani and her daughter. During investigation, the respondent- Police came to know that the accused persons mortgaged/pledged the stolen gold jewels with the petitioner-Company. In order to proceed with the 3/6 https://www.mhc.tn.gov.in/judis CRL OP No. 21598 of 2025 investigation and also to prevent the accused from misusing the stolen gold jewels, the respondent-Police made a request before the petitioner on 05.06.2025 and the petitioner has also accepted to freeze the mortgage jewellary Loan Account No.4066HVR/15 of the accused in the petitioner/Financial company. 5. On a perusal of the records and also considering the above facts and circumstances of the case, this Court finds that no harassment is made out by the respondent-Police to the petitioner. The petitioner is directed not to indulge in getting the stolen gold jewels and lend loan to the accused persons. The petitioner cannot get any privilege or shelter under the guise of filing this criminal original petition. The petitioner must be very cautious while lending loans by securing gold jewels and without getting proper document, they should not lend any loan. If there is any deviation, the respondent-Police is directed take action in accordance with law. Further, the petitioner is directed to co-operate for investigation being done by the respondent-Police. 4/6 https://www.mhc.tn.gov.in/judis CRL OP No. 21598 of 2025 6. With the abovesaid direction, this Criminal Original Petition is dismissed. 01-08-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.The Inspector of Police, D-3 Ice House Police Station, Triplicane, Chennai-600 005.Cr.No.215/2025. 2. The Public Prosecutor, High Court, Chennai. 5/6 https://www.mhc.tn.gov.in/judis CRL OP No. 21598 of 2025 P.VELMURUGAN J. mfa CRL OP No. 21598 of 2025 01-08-2025 6/6 https://www.mhc.tn.gov.in/judis