APHC010529602024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27585/2024 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 AT ATMAKUR BRANCH, KURNOOL DISTRICT REPRESENTED THROUGH ITS AUTHORIZED SIGNATORY VAICAL KOTESWAR 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE STATION HOUSE OFFICER, KURNOOL IV TOWN POLICE STATION KURNOOL DISTRICT. 3. GUNJA ANJI, S/O.GIDDAIAH, R/O. SIDDAPURAM VILLAGE, ATMAKUR MANDAL, NANDYAL DISTRICT.518 422. 4. I ASWAINI, W/O. I. KUMAR, AGED ABOUT 33 Y SIDDAPURAM VILLAGE, ATMAKUR MANDAL, NANDYAL DISTRICT 518 422. 5. K SREERAMULU, S/O.K.PEDDANNA, AGED ABOUT 47 YEARS, R/0.76/97-R-M-V-A-96, RICHMOND VILLAS KURNOOL TOWN, KURNOOL DISTRICT. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27585/2024 MANAPPURAM GENERAL FINANCE AND LEASING LIMITED, HAVING ITS REGISTERED OFFICE AT IV / 470 (OLD) W638A (NEW), MANAPPURAM HOUSE VALAPAD, THRISSUR, KERALA, INDIA 567 AND ITS BRANCH OFFICE AT ATMAKUR BRANCH, KURNOOL DISTRICT REPRESENTED THROUGH ITS AUTHORIZED SIGNATORY VAICAL KOTESWAR ...PETITIONER AND THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. THE STATION HOUSE OFFICER, KURNOOL IV TOWN POLICE STATION KURNOOL DISTRICT. GUNJA ANJI, S/O.GIDDAIAH, R/O. SIDDAPURAM VILLAGE, ATMAKUR MANDAL, NANDYAL DISTRICT.518 422. I ASWAINI, W/O. I. KUMAR, AGED ABOUT 33 YEARS, R/O.9 SIDDAPURAM VILLAGE, ATMAKUR MANDAL, NANDYAL DISTRICT K SREERAMULU, S/O.K.PEDDANNA, AGED ABOUT 47 YEARS, 96, RICHMOND VILLAS KURNOOL TOWN, KURNOOL DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3396] HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA MANAPPURAM GENERAL FINANCE AND LEASING LIMITED, HAVING ITS REGISTERED OFFICE AT IV / 470 (OLD) W638A (NEW), MANAPPURAM HOUSE VALAPAD, THRISSUR, KERALA, INDIA - 567 AND ITS BRANCH OFFICE AT ATMAKUR BRANCH, KURNOOL DISTRICT REPRESENTED THROUGH ITS AUTHORIZED ...PETITIONER THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THE STATION HOUSE OFFICER, KURNOOL IV TOWN POLICE GUNJA ANJI, S/O.GIDDAIAH, R/O. SIDDAPURAM VILLAGE, EARS, R/O.9-1-4, SIDDAPURAM VILLAGE, ATMAKUR MANDAL, NANDYAL DISTRICT- K SREERAMULU, S/O.K.PEDDANNA, AGED ABOUT 47 YEARS, 96, RICHMOND VILLAS KURNOOL TOWN, 2 ...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 pleased to issue an appropriate Writ, order or direction, particularly in the nature of a Writ of Mandamus, by declaring Notice issued by Respondent No.2 U/s 94 BNNS, 2023, issued against the branch of Petitioner Company and consequently extending threats to the employees of the Petitioner Company to hand over the pledged gold ornament in respect of loan amount sanctioned to the Respondent No.4 without discharging the loan amount under the guise of registration of Crime No.277 of 2024 on the file of Kurnool IV Town P.S., Kurnool District under Section 305, 331(4), BNS, and interference 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 and further direct the Respondent No.2 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 of Respondent No.2, issued against the branch of Petitioner Company with a direction to the Respondent No.2 not to take any coercive action against the Petitioner Company for the purpose of handing over the gold ornament pledged by the Respondent No.4, pending disposal of the main writ petition, and pass Counsel for the Petitioner: 1. AKULA VAMSI KRISHNA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners seeking the following relief: “....to issue an appropriate Writ, order or direction, particularly in the nature of a Writ of Mandamus, by declaring Notice issued by Respondent No.2 U/s 94 BNNS, 2023, issued against the branch of Petitioner Company and consequently extending threats to the employees of the Petitioner Company to hand over the pledged gold ornament in respect of loan amount sanctioned to the Respondent No.4 without discharging the loan amount under the guise of registration of Crime No.277 of 2024 on the file of Kurnool IV Town P.S., Kurnool District under Section 305, 331(4), BNS, and interference 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 and further direct the Respondent No.2 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: 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.4 herein, who is the Accused in Crime Nos.277 of 2024 on the file of Kurnool IV Town Police Station, Kurnool. Respondent No.4 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.19,999/-. On that, Respondent No.2 issued a notice dated NIL to the 4 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 Akula Vamsi Krishna, 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 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.277 of 2024 on the file of Kurnool IV Town Police Station, Kurnool. (iii) The Petitioner shall not handover the pledged ornaments to the pledgors (Respondent No.4 / Accused) or any other person representing him 5 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.02.01.2026 KKV 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 311 Writ Petition No.27585 of 2024 Dated 02.01.2026 KKV