APHC010720232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No: 821/2026 Between: MUTHOOTTU MINI FINANCIERS LIMITED, HAVING ITS REGISTERED OFFICE AT D.NO. 65/623-K, MUTHOOTTU ROYAL TOWERS, KALOOR, KOCHI, KERALA-682017 AND ITS BRANCH OFFICE AT D.NO. 23-22-32, NAGAVEHAR, SIVALAYAM ROAD, SIVALAYAM STREET, SATHYANARAYANAPURAM, VIJAYAWADA, N.T.R DISTRICT, ANDHRA PRADESH, 520011 THROUGH ITS AUTHORIZED SIGNATORY AND ZONAL MANAGER, P. NIRANJAN KUMAR, ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRI. SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE ASSISTANT COMMISSIONER OF POLICE, NORTH DIVISION, NTR POLICE COMMISSIONERATE, VIJAYAWADA CITY. 3. THE STATION HOUSE OFFICER, SATYANGRAYANAPURAM POLICE STATION, VIJAYAWADA CITY, KRISHNA DISTRICT, ANDHRA PRADESH. 4. NIDUMOLU VENKATA SATYA LAKSHMI KIRAN, AGED ABOUT 35 YEARS, RESIDING AT PLOT NO.1, ROAD NO.9, SECTOR NO.1, LOTUS LAND MARK, KEDARESWARAPETA, VIJAYAWADA N.T.R DISTRICT. 5. TRIPURAMALLU SRINIVASARAO, S/O. SRIMRAMAMURTHY, AGED ABOUT 48 YEARS, R/O.GANDHICHOWK, NARASARAOPETA PALANADU DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. VUBBARA DUSHYANTH REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India by the Petitioners seeking the following relief: “....Writ of Mandamus declaring the action of the 2nd Respondent in issuing the notice dated 24.12.2025 to the Petitioner in connection with Cr. Nos. 114/2025 and 115/2025 registered u/s.420, 406 IPC/318(4),316 (2), 338, 316 (5) BNS, 120 (b), 468 and 471 IPC, Sec.5 of Andhra Pradesh Protection of Depositors Establishment Act, 1999 on the file of Satyanarayanapuram Police Station, Satyanarayanapuram, Vijayawada City and demanding to in seeking to release the gold ornaments pledged by the 4th Respondent with the Petitioner as being illegal, arbitrary, in violation of Articles 14 and 21 of the Constitution of India, Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') and consequently set-aside the notice dated 24.- 12.2025 issued by the 2nd Respondent and further direct the Respondents not to interfere in the business activities of the Petitioner.” 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.114 and 115 of 2025 on the file of S.N.Puram Police Station, Vijayawada. 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.41,63,264/-. On that, Respondent No.2 issued a notice dated 24.12.2025 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 Vubbara Dushyanth Reddy, 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 Nos.114 and 115 of 2025 on the file of S.N.Puram Police Station, Vijayawada. (iii) The Petitioner shall not handover the pledged ornaments to the pledgors (Respondent No.4 / 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.08.01.2026 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No.821 of 2026 Dated 08.01.2026 Dinesh