Manappuram General Finance And Leasing ... vs The State Of Ap on 13 August, 2025

[Cites 30, Cited by 0]

Andhra Pradesh High Court - Amravati

Manappuram General Finance And Leasing ... vs The State Of Ap on 13 August, 2025

APHC0104943e2023

050 IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
0 (Special Original Jurisdiction)
I
SATURDAY. THE THIRTIETH DAY Of AUGUST j(
TWO THOUSAND AND TWENTY FIVE \
PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION Nos: 25540. 26267, 3584,13928.13944.16467, 23417
28721, 28888 OF 2023. 8621, 9480. 9648, 10424,14279, 17065. 23656.
23757, 24620. 25826. 26080 of 2024
WRIT PETITION NO: 25540 OF 2023
Between;

Manappuram Asset Finance Limited, having its registered office at IV/470
(old) W638A (New), Manappuram House Valapad, Thrissur, Keralp, India -
680567 and its branch at Building No. 1-49-126, VZM Road, Bangalametta,
Tagarapuvalasa, Vishakapatnam, Andhra Pradesh Represented through its
authorized signatory
(Cause Title is amended in Writ petition and affidavit as per the court's
order, dated 10.10.2023 vide order passed in LA. 3 of 2023)
...Petitioner

AND

1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home
Department, Secretariat buildings, Amaravathi.
2. The City Commissioner, Office of the Commissioner of Police,
Suryabagh, beside VyshakiJalaujyanavanam, Vishakhapatnam district.
AP.

3. The Station House Officer, Bhimunipatnarn Police Station,
Vishakhapatnam district, AP.
4. Neralla Gopinath, S/o N Appanna, Aged about 44 years, Occ: Territory
Manager, Rio F.No. 101, Kalyan Krishna Residency 2, Sangivaiasa,
Tagarapuvalasa, Bheemunipatnam Mandal, Vishakhapatnam district,
AP. .
5. Kosana Venkata Ramana, S/o Suri Reddy, Aged about 36 years, Occ:
Asst. Branch Manager, IIFL Gold loan Bank, Tagarapuvalasa, R/o D.No
8-65-102/2, Chillapeta Village, Bheemili Mandal, Vishakhapatnam
district, AP.

6. Korada Venkata Gireesh, S/o KoradaAppayyamma, Aged about 28
years, D.No. 3-61, T Nagarapalem, Vishakhapatnam district, AP.
7. MunakalaKurnakar Reddy, S/o Ramakrishnsa, Aged about 32 years
R.No. 8-63-43/1, ChillaPeta, Chittivalasa, Bheemunipatnam
Vishakhapatnam district, AP.
8. Vijjapu Sai, S/o Chinnavenkata Ramana, Aged about 23 years.
R.NoGollalatalivalasa, Bheemunipatnam, Vishakhapatnam district, AP.
9. ChillaTrinadh, R.oD.No. 8-63-1, Chillapeta, Bheemunipatnam,
Vishakhapatnam district, AP.
lO.Singarapu Adi Venkataramana, S/o Satyanarayana, Aged about 29
years, R.No. D.No. 8-57-20/1 , Santhapet GollaVeedi , Chittivalasa,
Bheemunipatnam, Vishakhapatnam district, AP.
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may
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.3 U/s 91 of Cr.P.C, dt:25-09-2023 issued 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.6 to
10 without discharging the loan amounts under the guise of registration of Cr.
No. 253 of 2023
in Bheemunipatnam Police Station, Vishakhapatnam
Commissionerate for the offences under Section 420, 409 I PC on 23-09-2023
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 dt;25-09-
2023 and further direct the Respondents herein especially the Respondent
no.3 not to interfere with the business activities of the Petitioner Company
without following due process of law.
r 3
\A NO: 1 OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to suspend the Notice of Respondent No.3 dt.25-09-2023 issued
against the branch of Petitioner Company by the Respondent No.3 and grant
such other relief or reliefs as this Hon'ble Court may deem fit and proper in the
circumstances of the case.
.lANO: 2 0F 2023

Petition under Section 151 CPC is filed praying 'pthat in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the Respondent no. 3 not to take any coercive action against
the Petitioner Company for the purpose of handing over the gold ornaments
pledged by the Respondent No.6 to 10 and grant such other relief or reliefs as
this Hon'ble Court may deem fit and proper in,the circumstances of the case.
Counsel for the Petitioner: SRI P VENKATESWARLU, SENIOR COUNSEL
FOR SRI V NITESH

Counsel for the Respondent No's. 1 to 3: GP FOR HOME
Counsel for the Respondent No.4: SRI T SREEDHAR
Counsel for the Respondent No's. 5 to 10: --

WRIT PETITION NO: 26267 OF 2023
Between:

Keerthana Finserv Private Limited, Regd.Office at 11 Pollock Street, 5*" Floor,
P.S.Hare Street, Kolkata, West Bengal, India-700001. The Vice President,
Rep.through its Authorised Person, Singareni Dinesh, C/o.Singareni Prasad
Babu, Aged about 39 years, Occ. Business,. Rio.D.No.3?5-47A, Papaiahvari
Street, Seetharampuram, Near. State Labour Office, Vijayawada (Urban),
Satyanarayanapuram, Krishna District.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep.by its Principal Secretary to
Government, Home Department, Secretariat, Amaravati, Velagapudi,
Guntur District.
2. Station House Officer, Bheemunipatnam Police Station,
Bheemunipatnam, Visakhapatnam District.
3. Venkataramana Kosana, S/o.K.Suri Reddy, Aged 35 years,

R/o.D.No.8-65-102/2, Chillapeta, Near Ramalayam, Bheemunipatnam,
Visakhapatnam, Visakhapatnam District.
4. Chitti Lakshman Reddy Tippana, S/o.Rama Krishna, Aged 28 years,
R/o.D.No.8-63-93, Chillapeta, Ramalayam
>
Back side Road,
Bheemunipatnam, Visakhapatnam, Visakhapatnarri District.
5. Lima Maheswari Neelapu, W/o.Neelapu Nagireddy, Aged 38 years,
R/o.D.No.4-58-212, Baki Veedhi, Santhapeta, Bheemunipatnam,
Visakhapatnam, Visakhaptnam District.
6. Ramanamma Boyi, W/o.Madava Reddy, Aged 55 years, R/o.D.No.4-
58-212, Santapeta, Near Ganesh Theatre, Bheemunipatnam,
Visakhapatnam, Visakhapatnam District
7.
NFL Finance Ltd Rep by Territory manager, Nerella Gopinath, S/o
N.Appanna Aged about 44 years, R/o D.No. 7-44-55,1 st Floor, NFL
Bank, Satyam Plaza, Opposite Market. Tagarapuvalasa Main Road,
Bheemunipatnam Mandal, Visakhapatnam Commissionerate,
Visakhapatnam District, A.P. >

(R7 is impleaded in Writ petition and affidavit as per the Court order
dt.13.08.2024 vide orders passed in I.A.No. 02 of 2023)
...Respondents

Petition under Article 226 of the Constitution of India is filed praying that
.in the circumstances stated in the affidavit filed therewith, the High Court may

be pleased to issue an appropriate Writ, order or direction, particularly in the
nature of a WRIT OF MANDAMUS by declaring the impugned notices issued
by 2"'^ respondent under section 91 of Cr.P.C, dated 26.09.2023 against the
petitioner Company 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^ 3 to 6 without discharging the
i

loan amounts under the guise of registration of Crime vide No.253 of 2023
dated 23.09.2023 under Sections 409 and 420 of IPC Bhimunipatnam Police

Station, Visakhapatnam and interference with the day to day business
r
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 issued by the 2"'^ respondent dated 26.09.2023 against the
Petitioner and further direct the respondents not to interfere with the business
activities of the Petitioner Company without following due process of law.
lA NO: 1 OF 2023

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 to
grant stay the impugned notice issued by the 2'^^ respondent dated
26.09.2023 against the Petitioner Company and also direct the 2"^ respondent
not to take any coercive action against the Petitioner Company for the
purpose of handing over the gold ornaments pledged by the respondents 3 to
6, pending disposal of the main writ petition. '
Counsel for the Petitioner: SRI CHALASANI AJAY KUMAR
Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No.7: SRI T SREEDHAR

WRIT PETITION NO: 3584 OF 2023

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
Maddilapalem, NAD Kotha Road, Visakhapatnam, Andhra Pradesh

516360, through its authorized signatory and Branch Head, Mr.Yenninti
Appalaraju.
2. 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

Thatichetlapalem, Visakhapatnam, Andhra Pradesh 516360, palisetti
Madavi, through its authorized signatory and Branch Head, palisetti
Madavi.

...Petitioners

AND
4>
1. The State of Andhra Pradesh, Rep. by its Prl. Secretary, Home Dept.
Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, Chodavaram Police Station, Anakapalli
District, Andhra Pradesh.

3. Sabbavarapu Krishnam Naidu, S/o Prasad, Aged 25 years, R/o
Kancherlapalem,Visakhapatnam.
4. Lalam Prasad, S/o Narayana Rao, Aged 25 years, R/o 36-93-

273,Indira Nagar, Kancharlapalem, Visakhapatnam
5. Rachakonda Sasank Bharat S/o Rachakonda Pattabhi Ramayya,
D.No.3-40/1, Ranga Vari Veedhi, Yelamanchili, Visakhapatnam,
Andhra Pradesh.

(R5 is impleaded as per Order of the Court dt.12.12.2023 vide order
passed in I.A.No.3 of 2023)
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may

be pleased to issue an appropriate Writ, order or direction, particularly in the
nature of a Writ of Mandamus, by declaring* Notices issped by Respondent
No.2 U/s 91 of Cr.P.C, dt.30-01-2023 issued against the Petitioner Company
No.1 and 2 (Impugned Notices) and consequently extending threats to the
employees of the Petitioner Company 1 and 2 to hand over the pledged gold
ornaments in respect of loan amounts sanctioned to the Respondent No.3 and
4 without discharging the loan amounts under the guise of registration of crime
•vide No 32 of 2023 under Section 454 and 380 of 1PC, Chodavaram Police
Station and interference with the day to day business activities of the
Petitioner Company 1 and 2 without following due process of law as illegal,
arbitrary and contrary to the law and consequently set aside the impugned
notices dt. 30-01-2023 and further direct the Respondents not to interfere with
the business activities of the Petitioner Company 1 and 2 without following
due process of law. »
lA NO: 1 OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
r I'
pleased to stay Notices of Respondent No.2, dt.30-01-2023 issued against the
Petitioner Company No.1 and 2 by the Respondent No.2.

lA NO: 2 OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the Respondent No. 2 not to take any coercive action against
the Petitioner Company 1 and 2 for the purpose of handing over the gold
ornaments pledged by the Respondent No.3 and 4.

lA NO: 4 OF 2023

Between:

Rachakonda Sasank Bharat, S/o Rachakonda Pattabhi Ramayya, D.No.3-
40/1, Ranga Vari Veedhi, Yelamanchili, Visakhapatnam, Andhra Pradesh.
...Proposed Respondent No.5
AND

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
Maddifapalem, NAD Kotha Road, Visakhapatnam, Andhra Pradesh

Thatichetfapalem, Visakhapatnam, Andhra Pradesh 516360, palisetti
Madavi, through its authorized signatory and Branch Head, palisetti
Madavi.

...P^itioner/Petitioner

3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravathi, Guntur District, Andhra
Pradesh.

4. The Station House Officer, Chodavaram Police Station, Anakapalli
District, Andhra Pradesh.
<l

5. Sabbavarapu Krishnam Naidu, S/o Prasad, Aged 25 years, R/o
Kancherlapalem, Visakhapatnam.
6. Lalam Prasad, S/o Narayana Rao, Aged 25 years, R/o 36-93-273,
Indira Nagar, Kancharlapalem, Visakhapatnam.
' Respondents/Respondents
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to vacate the Interim order passed by this Hon'ble
Court dated 14.02.2023 in I.A No.02/2023 in W.P. no.3584 of 2023.
lA NO: 5 OF 2023

Between:

The Station House Officer, Chodavaram Police Station, Anakapalli District,
Andhra Pradesh.

...Petitioners/Respondent
1. Manappuram General Finance And Leasing Limited, having its
registered office at IV / 470 (old) W638A (New), Manappuram House
Valapad, Thrissur, Kerala, India - 68b 567 and 'its branch office at
Maddilapalem, NAD Kotha Road, Visakhapatnam, Andhra Pradesh
516360, through its authorized signatory and Branch Head, Mr.Yenninti
Appalaraju.
2. 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

Thatichetlapalem, Visakhapatnam, Andhra Pradesh 516360, palisetti
Madavi, through its authorized signatory and Branch Head, palisetti
Madavi.

Respondents/Writ Petitioners
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravathi, Guntur District
Andhra Pradesh.

2. Sabbavarapu Krishnam Naidu, S/o Prasad, Aged 25 years, R/o
Kancherlapalem, Visakhapatnam.
3. Lalam Prasad, S/o Narayana Rao, Aged 25 years, R/o 36-93-273,
Indira Nagar, Kancharlapalem, Visakhapatnam.
r
Respondents/Respondents
Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
•pleased ta vacate the interim orders passed in WP No. 3584 of 2023, dated
14-02-2023 and dismiss the Writ Petition in the interest of justice.
Counsel for the Petitioners: SRI JAWAJI SARATH CHANDRA
Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No's. 3 & 4: --
Counsel for the Respondent No.5: SRI DASARI S VV S V PRASAD
WRIT PETITION NO: 13928 OF 2023

Between:

1. Mannapuram 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
St
Vinjamuru, Door No 3-195, 1 floor, Ramanreddy, Vinjamuru Main
Road, 0pp. V R Function Hall, Vinjamuru P.0, Nellore Dist., Andhra
Pradesh 524228, Represented through its ■ authorized signatory, V
Gangachalam.
2. 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

Kavali, Door No 10-16-31/D, Udayagiri'Road, 0pp. .Indian Bank, Kavali,
Nellore Dist., Andhra Pradesh 524201, through its authorized signatory
V Gangachalam..
3. 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
Jandachettu Centre, Kavali, Building No 5-15-26, ISt floor, Guntoor
Road, Beside Navata Transport, Jandachettu Center, Nellore

Dist.,Andhra Pradesh 524201, through its authorized signatory, V
Gangachalam.
...Petitioners

AND
1*
1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home Dept.
Secretariat Buildings, Amaravati, Velagapudi, Guntur District, Andhra
Pradesh. ,
2. The Station House Officer, Kavali 1 Town Police Station, Nellore
District, Andhra Pradesh.

3. Singamreddy Ravindra Reddy, Aged 26 S/o
Singamreddy,Ganeshwarapuram Varikuntapadu Mandala, Near

Ramulavari Gudi, Nellore, Andhra Pradesh.Pin-524221.
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may

be pleased to issue an appropriate Writ, order or direction, particularly in the
nature of a Writ of Mandamus, by declaring Notices issued by Respondent
No.2 U/s 91 & 160 of Cr.P.C, dt.02-06-2023 issued against the Petitioner
Company No.1, 2, 3 (Impugned Notices) and consequently extending threats
to the employees of the Petitioner Company 1, 2 and 3 to hand over the
pledged gold ornaments in respect of loan amounts sanctioned to the

Respondent No.3 without discharging the loan amounts under the guise of
registration of crime vide No 55 of 2023 dt: 01-06-2023 under Section 380 of
IPC, Kavali 1 town Police Station and interference with the day to day
•business activities of the Petitioner Company 1, 2 and 3 without following due
process of law as illegal, arbitrary and contrary to the law and consequently
set aside the impugned notices dt. 02-06-2023 and further direct the

Respondents not to interfere with the business activities of the Petitioner
Company 1,2 and 3 without following due process of law.
lA NO: 1 OF 2023

Petition under Section 151 CPC is filed praying that jn the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to stay Notices of Respondent No.1, dt.02-06-2023 issued against the
Petitioner Company No.1, 2 and 3 by the Respondent No.2 and grant such
other relief or reliefs as this Hon'ble Court may deem fit and proper in the
circumstances of the case.
r
lA NO: 2 OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the Respondent No. 2 not to take any coercive action against
the Petitioner Company 1, 2 and 3 for the purpose of handing over the gold
ornamerrts pledged by the Respondent No.3 and grant such other relief or
reliefs as this Hon'ble Court may deem fit and proper in the circumstances of
the case.

Counsel for the Petitioners: SRI ARUN SHOWRI G '
Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No.3: --

WRIT PETITION NO: 13944 OF 2023
Between:

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 Salur, Door No 28-6-335/1, ISt
floor, Karur Vyaya Bank Up stair, Opp. Kanyaka Parameswari Temple, Salur,
Vazianagaram Dist. Andhra Pradesh, Pin - 535591, Represented through its
authorized signatory, V. Gangachalam.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home Dept.
Secretariat Buildings, Amaravati,Andhra Pradesh
2. The Station House Officer, Salur Town Police Station, Parvathipurarn
District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor
3. Neelabonu Durgaprasad, Aged 20 years S/o Ramulu 2-6, Pappala
Lingalavalasa, Dattirajeru, Vizianagaram, Andhra Pradesh. Pin -

535578

4. Nadupuru Yogitha Sailaxmi, D/o Mallunaidu, Aged 20 years, R/o
Mentada Street, Salur, Parvathi Puram, Manyam District.
{R4 is impleaded as per the Court Or,der dt.11.09.2024 vide orders
I

passed in I.A.No. 03 of 2023 in Writ Petition and Affidavit)
...Respondents
I-5^
Petition under Article 226 of the Constitution of India is filed praying that
*

in the circumstances stated in the affidavit filed therewith,'the High Court may

be 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 91 and 102 of Cr. P.C, dt. 09-06-2023 issued against the branch of
Petitioner Company (Impugned Notices) and consequently extending threats
to the employees of the branch of Petitioner Company to hand over the
pledged gold ornaments in respect of loan amounts sanctioned to the

Respondent No.3 without discharging the loan amounts under the guise of
registration of crime vide No 135 of 2023 dt 09-06-2023 under Section 454
and 380 of IPC, Salur town Police Station 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 notices dt. 09-06-2023 and further direct the 'Respondents not to
interfere with the business activities of the Petitioner Company without
following due process of law.
lA NO: 1 OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct Respondent No. 2 not to take any coercive action against the
Petitioner Company for the purpose of handing over the gold ornaments
pledged by the Respondent No.3.
lA NO: 2 OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to stay Notices of Respondent No.1, dt. 09-06-2023 issued against
the branch of Petitioner Company by Respondent No.2.
Counsel for the Petitioner: M/s AYESHA AZMA S
Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No.3: --
Counsel for the Respondent No.4: SRI K JYOTHI PRASAD

WRIT PETITION NO: 16467 OF 2023
Between:
r \3>
Manappuram Generaf 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 Vinukonda, Door No 23-27, I'
floor. Main Road, S.D Passion Above, Vinukonda, Guntur Dist.,. Andhra
Pradesh, Pin - 522647, Represented through its authorized signatory, by
Raghavendra Bhattamnane.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep. byits PrI. Secretary, Home Dept.
Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, Pedakakani Police Station, Guntur District,
Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
3. Podili Chennaiah, Aged 28 years S/o Venkateswarlu, House No. 5-37,
C. Kotthapalli, Pullala Cheruvu, Prakasam District, Andhra Pradesh. Pin
- 523328

...Respondents
Petition under Article 226 of the Constitution of India is filed praying that

in the circumstances stated in the affidavit filed therewith, the High Court may

be pleased to issue an appropriate Writ, order or directidn, particularly in the
nature of a Writ of Mandamus, by declaring Notices issued by Respondent
No.2 U/s 91(1) of Cr.P.C, dt. 27-06-2023 issued 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.3
without discharging the loan amounts under the guise of registration of crime
vide No 232 of 2023 dt 25-06-2023 under Section 380 of IPC, Pedakakani

Police Station 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 notices dt.
27-06-2023 and further direct the Respondents not to interfere with the

business activities of the Petitioner Company without following due process of
law.

lA NO: 1 OF 2023
VM
Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to stay Notice of Respondent No.2, dt. 27-06-2023 issued against the
branch of Petitioner Company by the Respondent No.2.
lA NO: 2 OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the Respondent No. 2 not to take any coercive action against
the Petitioner Company for the purpose of handing over the gold ornaments
pledged by the Respondent No.3.
Counsel for the Petitioner: M/s AYESHA AZMA S
Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No. 3: --

WRIT PETITION NO: 23417 OF 2023
Between:

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 Avenue Road Madanapally,
Building No 4/261, floor, Gramina Bank Building, 0pp. Hope high School,
Madanapally, Chittoor Dist. Andhra Pradesh. Pin - 517325. Represented
through its authorized signatory.
...Petitioner

AND '

1.
The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home
Dept.Secretariat Buildings, Amaravati, Andhra Pradesh.
2.
The Station House Officer, KrishnalankaPolice Station, NTR District,
Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
3.
Pasupuleti Prabhavathi. Aged 40 years W/o Pasupuleti Suri, residing at
2-158-1, Besant Road, Madanapalle, Chittoor District, Andhra Pradesh.
Pin 517325.

...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may
o
be pleased to issue an appropriate Writ, order or direction, particularly in the
nature of a Writ of Mandamus, by declaring Notices issued by Respondent
No.2 U/s 91of Cr.P.C, dt. 01-09-2023 issued 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.3
without discharging the loan amounts under the guise of registration of crime
vide No 459 of 2023 dt 12-08-2023 under Section 454, 380 of IPC,
Krishnalanka Police Station 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 notices dt. 01-09-2023 and further direct the Respondents not to
interfere with the business activities of the Petitioner Company without

following due process of law.
lA NO: 1 OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
• pleased to direct the Respondent No. 2 not to take any coercive action against
the Petitioner Company for the purpose of handing,over the gold ornaments
pledged by the Respondent No.3.
Counsel for the Petitioner: M/s AYESHA AZMA S

Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No.3: SRI P. V. RAGHAVENDRA RAO

WRIT PETITION NO: 28721 OF 2023
Between:

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 Srikakulam GT Road, Door No
\-4
8-6-101/1, 1®* floor, Beside gayatri silks, GT Road, Srikakulam District - #
532001 Represented through its authorized signatory.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home Dept.
Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, Bobbili Town Police Station, Vizianagaram
District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
3. MuddadaNarsingarao, S/o Appayya, residing at main street, near
Ramalaya P.O Fareedpeta SrikakulamDistrict, Andhra Pradesh.
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may

be pleased to issue an appropriate Writ, order or direction, particularly in the
nature of a Writ of Mandamus, by declaring Notices issued by Respondent
.No.2 U/s 91 of Cr.P.C, dt. 30-10-2023 issued 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.3
without discharging the loan amounts under the guise of registration of crime
vide No 541 of 2023 dt 09-09-2023 under Section 457, 380 of IPC, Bobbili
town Police Station and interference with the,day to day business activities of
I

the Petitioner Company without following due process of law as illegal,
arbitrary and contrary to the law and consequently set aside the impugned
notices dt. 30-10-2023 and further direct the Respondents not to interfere with
the business activities of the Petitioner Company without following due
process of law.
lA NO: 1 OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the Respondent No. 2 not to*take any coercive action against
the Petitioner Company for the purpose of handing over the gold ornaments
pledged by the Respondent No.3.
Counsel for the Petitioner: M/s AYESHA AZMA S

Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No.3: --

WRIT PETITION NO: 28888 OF 2023

Between:

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 Yeleswaram, 1-51 and 5, 1st
floor, Near Balaji Chowka, Main Road Baiaji Chowk, Yeleswaram, East

Godavari District - 533429 Represented through its authorized signatory.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home Dept.
Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, Prathipadu Police Station, Kakinada District,
Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
3. The Station House Officer, Peddapuram Police Station, Kakinada
District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
4. The Station House Officer, Yeleswaram Police Station, Kakinada

District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
>

5. The Station House Officer, Samalkot Police Station, Kakinada District,
Andhra Pradesh on its behalf and. Rep. by its Prosecutor
6. The Station House Officer, Jaggampeta Police Station, Kaldnada

District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
7. The Station House Officer, Addateegala Police Station, Alluri Sitharama
Raju District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
8. The Station House Officer, Kirlampudi Police Station, Kakinada District, %
Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
9. Kolluri Chittibabu, S/o Kolluri Venkataramana, Aged 26 years residing at
2-71, Panagaram, East Godavari, Andhra Pradesh - 533428
10.
Chillapanastti Sanyasa Rao, S/o Yesubabu, Aged 29 years,
residing at 1-54, Ramalayam, Veedhi, Gontuvanipalem, East Godavari,
Andhra Pradesh - 533429.

...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may
be 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 91 of Cr.P.C, dt. 30-10-2023 issued 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. 9
and 10 without discharging the loan amounts under the guise of registration of
crime vide No 362/2022 dt 19-11-2023 under Section 454, 380 of IPC of
Prathipadu Police Station along with Crime No 174/2023 and Crime No
120/2023 dated 22-06-2023 and 20-04-2023 under section 457 380 IPC of
Peddapuram police station. Crime No 171/2023 and Crime No 267/2022
dated 05-07-2023 and 11-10-2023 under section 457, 380 IPC of Yeleswaram
Police station. Crime No 267/2023, Crime No 124/2023 and Crime No
192/2023 dated 08-06-2023, 18-04-2023 and 22-06-2023 under section 457,
380 IPC of Samalkot Police Station under section 457, 3801 PC. Crime No
194/2023, Crime No 295/2023 and Crime No 296/2023 dated 12-06-2023 and
26-10-2023 under section 457, 380 IPC of Jaggampeta police station. Crime
No 52/2022 dated 17-07-2023 under section 457, 380 IPC of Addateegala
police station. Crime No 103/2023 dated 25-05-2023 under section 457, 380
IPC of Kirlampudi Police station, directing not to 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 notices dt. 30-l'0-2023 and further direct the
Respondents not to interfere with the business activities of the Petitioner
Company without following due process of law.
lA NO: 1 OF 2023

Petition under Section 151 CPC is filed praying, that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the Respondent No. 2 not to take any coercive action against
the Petitioner Company for the purpose of handing over the gold ornaments
pledged by the Respondent No.9 and 10.

lA NO: 3 OF 2023

Between:

The Station House Officer, Addateegala Police Station, Alluri Sitharama Raju
District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
...Petitioner/Respondent
AND

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
Yeleswaram, 1-51 and 5, 1st floor. Near Balaji Chowka, Main Road
Balaji Chowk, Yeleswaram, East Godavari District - 533429

District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
2_^
5. The Station House Officer, Yeleswaram Police Station, Kakinada #
District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
6. The Station House Officer, Samalkot Police Station, Kakinada District,
Andhra Pradesh on its behalf and. Rep. by its Prosecutor
7. The Station House Officer, Jaggampeta Police Station, Kaldnada

District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
8. The Station House Officer, Kirlampudi Police Station, Kakinada District,
♦

Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
9. Kolluri Chittibabu, S/o Kolluri Venkataramana, Aged 26 years residing at
2-71, Panagaram, East Godavari, Andhra Pradesh - 533428
10.
Chillapanastti Sanyasa Rao, S/o Yesubabu, Aged 29 years,
residing at 1-54, Ramalayam, Veedhi, Gontuvanipalem, East Godavari,
Andhra Pradesh - 533429.

.. .Re^pondents/Respondents

Petition under Section 151 CPC U/R 12 of Writ Proceedings Rules 1977
R/W Sec 151 is filed praying that in the circumstances stated in the affidavit
filed in support of the petition, the High Court may be pleased to vacate the
interim orders passed in lA No. 1 of 2023 yi WP No. 28888 of 2023 on dt
04.11.2023, and dismiss the writ petition in the interest of justice.
lA NO: 4 OF 2023

Between:

1. The Station House Officer, Prathipadu Police Station, Kakinada District,
Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
...Petitioner/Respondent
AND

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
Yeleswaram, 1-51 and 5, 1st floor. Near Balaji Chowka, Main Road
Balaji Chowk, Yeleswaram, East. Godavari , District 533429

Represented through its authorized signatory.
...Respondent/Petitioner
2. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home Dept.
Secretariat Buildings, Amaravati, Andhra Pradesh.
3. The Station House Officer, Peddapuram Police Station, Kakinada
District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
4. The Station House Officer, Yeleswaram Police Station, Kakinada
District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
5. The Station House Officer, Samalkot Police Station, Kakinada District,
Andhra Pradesh on its behalf and. Rep. by its Prosecutor
6. The Station House Officer, Jaggampeta Police Station, Kaldnada

District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
7. The Station House Officer, Addateegaia Police Station, Alluri Sitharama
Raju District, Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
8. The Station House Officer, Kirlampudi Police Station, Kakinada District,
Andhra Pradesh on its behalf and. Rep. by its Prosecutor.
9. KoHuri Chittibabu, S/o Kolluri Venkataramana, Aged 26 years residing at
2-71, Panagaram, East Godavari, Andhra Pradesh - 533428
10.
Chillapanastti Sanyasa Rao, S/o Yesubabu, Aged 29 years,
residing at 1-54, Ramalayam, Veedhi, Gontuvanipalem, East Godavari,
Andhra Pradesh - 533429.

... Respondents/Respondents

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to vacate the interim orders passed in lA No.1
I
of 2023 in WP

No.28888 of 2023 on dt.04-11-2023, and dismiss the writ petition in the
interest of justice.
Counsel for the Petitioner: M/s AYESHA AZMA S
Counsel for the Respondent No's. 1 to 8: GP FOR HOME
Counsel for the Respondent No's. 9 & 10: --

WRIT PETITION NO: 8621 OF 2024

Between:

Manappuram General Finance and Leasing Limited, having its registered
office at IV / 470 (old) W638A (New), Manappuram House Valapad, Thrissur,
St
Kerala, India - 680 567 and its branch office at Guhtakal Door No. 16/337,1

Floor, Gooty Road, Guntakkal, near Market, Anantapur District, Pin - 515 801
Represented through its authorized signatory.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep. by itsPri'. Secretary, Home

Department, Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, Guntakal 1 town Police Station,
Ananthapuram District, Andhra Pradesh on its behalfRep. by its
Prosecutor.

...Respondents
3. Boya Maddiletamma, D/o Boya Keshava, residing at 13 197

valmikinagar, near savithrammabaviindiranagar, Guntakal market,
Ananthapuram District, Andhra Pradesh.
...Respondent/Accused
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue an appropriate Writ, order or direction, particularly in the
nature of a Writ of Mandamus, by declaring Notices issued by Respondent
No.2 U/s 91 of Cr.P.C, without date issued 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.3
without discharging the loan amounts under the guise of registration of crime
vide No 40 of 2023 dt 09-05-2023 and Crime No 05/2024 dt 09-01-2024 under
Section 379, 454, 380 of IPC, Guntakal 1 town Police Station 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 issued to the petitioner branch on
02-04-2024 and further direct the Respondents not to interfere with the
business activities of the Petitioner Company without following due process of
law.

lA NO: 1 OF 2024
r.
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to stay Notice of Respondent No.2, having no date
issued against the branch of Petitioner Company on 02-04-2024 by the
■Respondent No.2.
lA NO: 2 OF 2024

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the Respondent No. 2 not to take any coercive action
against the Petitioner Company for the purpose of handing over the gold
ornaments pledged by tbe Respondent No.3.'
Counsel for the Petitioner: M/s AYESHA AZMA S
Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No.3: --

WRIT PETITION NO: 9480 OF 2024

Between:

Floor, Basheer Complex, Hindupur Cross Main Road, Kadiri, Anantapur
District, Pin - 515 591 Represented through its authorized signatory.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Home
Department, Secretariat Buildings Amaravati,Andhra Pradesh.
2. The Station House Officer, Muddanur UG Police Station Kadapa
District, Andhra Pradesh on its behalf and. Rep. by its Public
Prosecutor.

...Respondents
3. YanamalaAnjineyulu, , S/o Yanamala Subbaiah, R/o 3/135, Patnam
P.0, Patnam, Ananthapur District, Andhra Pradesh - 515501
4. Palagiri Viswarupa Achari, S/o Bramha Sajeevaraya Achari, D.No.
5/106 - A - 11 - F, Pulivendula Road, Muddanur Village, YSR District
...Respondent/Accused ^
Petition under Article 226 of the Constitution of India is filed praying that

in the circumstances stated in the affidavit filed therewith, the High Court may

be pleased to issue an appropriate Writ, ordgr or direction, particularly in the
t

nature of a Writ of Mandamus, by declaring Notices issued by Respondent
No.2 U/s 91 of Cr.P.C, dt. 26-03-2024 issued 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.3
-without discharging the loan amounts under the guise of registration of crime
vide No 286 of 2023 dt 16-12-2023 under Section 454, 380 of IPC, Muddanur
UG Police Station 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 dt. 26-03-2024 and further direct the Respondents not to interfere with
the business activities of the Petitioner Company without fc^'owing due
process of law.

lA NO: 1 OF 2024

Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
■Court may be pleased to stay Notice of Respondent No.2, dt. 26-02-2024
issued against the branch of Petitioner Company by .the Respondent No.2.
lA NO: 2 OF 2024

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the Respondent No. 2 not to take any coercive action
against the Petitioner Company for the purpose of hapding over the gold
ornaments pledged by the Respondent No.3.
Counsel for the Petitioner: M/s AYESHA AZMA S
Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No's. 3 & 4: --

WRIT PETITION NO: 9648 OF 2024
2-5
r
Between:

Manappuratn General Finance And Leasing Limited, having its registered
office at IV / 470 (old) W638A (Mew), Manappuram House Valapad, Thrissur,
Kerala, India - 680 567 and its branch office Badvel Door No. 13/40, 1®* Floor,

Siddavatam Road, M G Complex, 0pp. APSRTC Bus Stand, Badwel,
Cuddapah Dt., Pin - 516 227 Represented through its authorized signatory.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home
»

Department, Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, VinukondaPolice Station, Palnadu District,
Andhra Pradesh.

3. VadlamanuSivareddy, S/o Vemareddy, Aged about 36 years, R/o
AnkireddyPalem, Guntur District.
4. DandaAkhilandeswari, C/o Srinivasa Rao, Aged about 48 years, R/o
Gonuguntlavaripalem Village, Vinukonda Mandal, Palandu District.
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that

in the circumstances stated in the affidavit filed therewith, the High Court may

be pleased to issue a writ, order or direction more particularly one in the
nature of Writ of Mandamus to declare the ipaction of the Respondent No. 2
U/s 91 of Cr.P.C, dt. 15-04-2024 issued 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.3
without discharging the loan amounts under the guise of registration of crime
.vide No 75 of 2024 and crime no 76 of 2024 Dated 14-04-2024 under Section

457, 380 of IPC, Vinukonda Police Station 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 dt. 15-04-2024 and further direct the

Respondents not to interfere with the business activities of the Petitioner

Company without following due.process of law.
lA NO: 1 OF 2024
Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
I

pleased to stay Notice issued by the Respondent No.2, dt. 15-04-2024 issued
against the branch of Petitioner Company by the Respondent No.2 and grant
such other relief or reliefs as this Hon'ble Court may deem fit and proper in
the circumstances of the case in the interest of justice.
IA N0:2 0F 2024

Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to 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.3 and grant such
other relief or reliefs as this Hon'ble Court may deem fit and proper in the
circumstances of the case.
i

Counsel for the Petitioner: M/s AYESHA AZMA S
Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No's. 3 & 4: --

WRIT PETITION NO: 10424 OF 2024
Between:

Floor, Kalmia Complex, Gajuwaka Main Road, Opp: High School Road,
Vishakapatnam District., Pin - 530026, Represented through its authorized
signatory.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, Parawada Police Station, Anakapalii
District, Andhra Pradesh.

3. Paila Udayasrinivasu, S/o. Appala Naidu, H.No. 6-53, Vennelapalem
Village, Vishakapatnam District-531021, Andhra Pradesh.
r
4. Chukka Ramadevi, W/o Late Ramu, Aged about 31 years, R/oBc

Colony, Vennelapalem Village Anakapalli District.
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may

be pleased to issue a writ, order, or direction more particularly one in the
nature of Writ of Mandamus to declare the inaction of the Respondent No. 2

U/s 91 of Cr.P.C, dt.24-04-2024 issued 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.3
without discharging the loan amounts under the guise of registration of crime
vide No 175 of 2024 Dated 16-04-2024 under Section 454, 380 of IPC,

Parawada Police Station, Anakapalli 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 dt. 24-04-2024 and further direct the Respondents not to
interfere with the business activities of the Petitioner Company without
following due process of law.
lA NO: 1 OF 2024

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to stay Notice issued by the Respondent No. 2, dt.24-04-2024 issued
against the branch of Petitioner Company by Respondent No.2. .

lA NO: 2 OF 2024

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to 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.3.
Counsel for the Petitioner: M/s AYESHA AZMA S

Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No's. 3 & 4: ™
WRIT PETITION NO: 14279 OF 2024
Between:

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 Badvel Door No. 23-6-150, 1®*

Floor, Opp: Sivaji Building, Pattanam Bazar, Guntur One Town, I Guntur
•District, Andhra Pradesh, 522003. Represented through its authorized
signatory.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, Pattabhipuram Poliqe Station Guntur

District, Andhra Pradesh.

3. Pichaimani Arun Kumar, S/o. Pichaimani Aged about 39 years, R/o-
Flat. No. 210, Cristal Apartment, 6/13 lane, Brodipet, Guntur Town,
Guntur District, Andhra Pradesh.

4. Mohammed Sameer Khan, S/o- Naeem Khan, Aged About: 22 Years
R/o- 15-13-86/12, Gandhi Nagar 2
nd
line Guntur Kothapeta Guntur
District Andhra Pradesh.

business activities of the Petitioner Company without following due process of
law.

lA NO: 1 OF 2024

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
I

pleased to stay Notice issued by the Respondent No.2, dt.29-06-2024 against
the branch of Petitioner Company by the Respondent No.2.
lA NO: 2 OF 2024

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to 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.
Counsel for the Petitioner: M/s AYESHA AZMA S

Counsel for the Respondent Nos.1 & 2: GP FOR HOME
Counsel for the Respondent No.3: SRI SRINIVASA RAO NARRA
Counsel for the Respondent No. 4: ™ ,

WRIT PETITION NO: 17065 OF 2024
Between:

Manappuram General Finance And Leasing Limited, Having its registered
office at IV/470 (old) W638A (New) Manappuram House VaJapad, Thrissur,
•Kerala, India - 680 567 and its branch office BC Road Branch, Gajuwaka,
Visakhapatnam District. Represented through its authorized signatory. Rep
By. Deepak Kumar Das.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home
Department Secretariat Buildings, Amaravati, Andf;ira Pradesh.
2. The Station House Officer, Pendurthy Police Station, Visakhapatnam
District, Andhra Pradesh.

3. Guru Devi, W/o Hari Krishna, Aged about 35 years, R/o. D.No. 3-8-27,
Rajanagar, Gudikalyana Mandapam, Mindi Gajuwaka, Visakhapatnam.
30
4. Mudhili Jayanth Kumar, S/o Late Tulasirao R/o. D.No. 20-138, •
Sivananda Nagar, Prahalladapuram, Pendurthy, Visakhapatnam.
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
.in the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue a writ, order, or direction more particularly one in the
nature of Writ of Mandamus to declare the inaction of the Respondent No. 2
U/s 91 of Cr.P.C, dt. 15-07-2024 issued 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.3
without discharging the loan amounts under the guise of registration of crime
vide No 270 of 2024 Dated; 29-05-2024 under Section 457, 380 of IPC,
Pendurthy Police Station, Visakhapatnam 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 dt. 15-07-2024 and further direct the

Respondents not to interfere with the business activities of the Petitioner
Company without following due process of law.
lA 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 to
stay Notice issued by the Respondent No.2, cjt: 15-07-2024 issued against the
branch of Petitioner Company by Respondent No.2 and grant such other relief
or reliefs as this Hon'ble Court may deem fit and proper in the circumstances
of the case in the interest of justice.
lA NO: 2 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 to
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.3 and grant such other relief or reliefs as this
Hon'ble Court may deem fit and proper in the circumstances of the case.
r
Counsel for the Petitioner: M/s AYESHA AZMA S
Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No's. 3 & 4: --

WRIT PETITION NO: 23656 OF 2024
Between:

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 Sunday Market, Bhimavaram.
Represented through its authorized signatory. Deepak Kumar Das.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, Kovvur Town Police Station, East Godavari

District, Andhra Pradesh.
3. Ushasri Katta, w/o. Jayaprakash, R/o Floor, Mahammad Maharaj
Apartment ICICI Bank Street, Kovvur, East Godavari District.
4. Lankalapalli Nagaraju, S/o Gangadhram, Native of Palurivari Street,
Near Chanakya Mastermind School, Bhimavaram, Now Residing at
Brindavan Apartment, Katheru, Rajamahendravaam.
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may

be 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, dt. 02-10-2024 issued 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.3
without discharging the loan amounts under the guise of registration of crime
vide No 227 of 2024 dt: 27-08-2024 under Section 331 (4), 305 (a) of BNS,
Kovvur Town Police Station and interference with the day to day business
activities of the Petitioner Company without following due process of raw as
Sv

illegal, arbitrary and contrary to the law and consequently set aside the

impugned notice dt. 02-10-2024 and further direct the Respondent No. 2 not
to interfere with the business activities of the Petitioner Company without
■following due process of law.
lA NO: 1 OF 2024

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the Respondent No. 2 not to take any coercive action
against the Petitioner Company for the purpose of handing over the gold
ornaments pledged by the Respondent No.3.
Counsel for the Petitioner: SRI SHAIK ASIF
Counsel for the Respondent No's. 1 & 2: GP FOR HOIVIE
Counsel for the Respondent No's. 3 & 4: --

WRIT PETITION NO: 23757 OF 2024
Between:

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 Berhampur Town Ganjam
District, Odisha. Represented through its authorized signatory.
...Petitioner
AND

1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravati,Andhra Pradesh.
2. The Station House Officer, Sompeta Police Station, Srikakulam District,
Andhra Pradesh.

3. The Station House Officer, Kasibugga Police Station, Srikakulam
District, Andhra Pradesh.
3^
r
4. Guntuku Jeevaratnam, W/o Kameswara Rao, R/o- Mahadevi Peta

Street, Sompeta, Srikakulam District.
5. Umamaheswararao Bandaru, S/o Bhe^marao, R/o- 1-24, Main Road,
Goppili, Srikakutam District.
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstancesstated in the affidavit filed therewith, the High Court may

be 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.3 U/s 94 BNNS, 2023, dt. 10-10-2024 issued 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.5
without discharging the loan amounts under the guise of registration of crime
vide No 119 of 2024 dt: 25-09-2024 under Section303 (2) of BNS, Srikakulam
Police Station 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 dt.
10-10-2024 and further direct the Respondent No.2 and 3 not to interfere with
the business activities of the Petitioner Company without following due
•process of law.
lA NO: 1 OF 2024

Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to direct the Respondent No. 2 & 3 not to take any
coercive action against the Petitioner Company for the purpose of handing
over the gold ornaments pledged by the Respondent No.5.
Counsel for the Petitioner: SRI SHAIK ASIF
Counsel for the Respondent No's. 1 to 3: GP FOR HOME
Counsel for the Respondent No's. 4 & 5: --

WRIT PETITION NO: 24620 OF 2024
Between:

AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, Madanapalle Taluk Police Station,
Annamayya District, Andhra Pradesh.
3. Parem Nagendra Prasad, w/o, P Sreeramulu. R/o:H,/o. Kollabailu,
Jagan Colony, Madanapalle Mandal, Annamayya District.
4. Bandi Venkatesh, S/o. B Surendra, Aged about 26 years, R/o. D.No. 3-
46-3-1, Ramalayam Street, Neerugatuyari Palle, Madanpalie, Chittoor
District.

Petitioner Company without foltowing due process of law.

lA NO: 1 OF 2024

Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to direct the Respondent No. 2 not to take any coercive
action against the Petitioner Company for the purpose of handing over the
gold ornaments pledged by the Respondent No.4.
Counsel for the Petitioner: SRI SHAIK ASIF

Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No's. 3 & 4: --

WRIT PETITION NO: 25826 OF 2024
Between:

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 Trunk Road Branch, Nellore.
Represented through its authorized signatory. Deepak Kumar Das.
...Petitioner

AND

1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, Alamur Police Station, Dr. B.R. Ambedkar
District, Andhra Pradesh.
3^
3. Jana Maruthi Sivaram, S/o. Veera Venkata Ramannaya, R/o.

Bobbarlanka Village, Atreyapuram Mandal; Dr. B.R. Ambedkar
Konaseema. District.

4. Shaik Ahmad Basha, S/o. Late Sk Babu Aged about 42 years, R/o. 25-
3-37, S.P. Road, Podaiakuru Road, Nellore, S.P.S.R. Nellore District.
...Respondents
Petition under Article 226 of the Constitdtion of India is filed praying that

in the circumstances stated in the affidavit filed therewith, the High Court may

be 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, dt. 29-10- 2024 issued 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 212 of 2024 Dated. 29-10-2024 under Section 331(4), 305 of BNS,
.Alamur Police Station and interfe.rence 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. 29-10-2024 and further direct the Respondent No.2 not to interfere
with the business activities of the Petitioner Company without following due
process of law.
lA NO: 1 OF 2024

Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to stay Notice of Respondent No.2, dt. 29-10-2024 issued against the
branch of Petitioner Company by the Respondent No.2 and not to take any
coercive action against the Petitioner Company for the purpose of handing
over the gold ornaments pledged by the Respondent No.4.
Counsel for the Petitioner: SRI SHAIK ASIF
Counsel for the Respondent No's. 1 & 2: FOR HOME
Counsel for the Respondent No's. 3 & 4: --
3^
r
WRIT PETITiON NO: 26080 OF 2024

Between:

Manapuram General Finance And Leasing Limited, having its registered office
at IV / 470 (old) W638A (New) Manappuram House Vaiapad, Thrissur,
Kerala, India - 680 567 and its branch office at D. No. 7-122/1, 1®' Floor,

•Main Road Piduguralla, Guntur District Represented through its authorized
signatory Deepak Kumar Das.
...Petitioner

AND

1.
The State of Andhra Pradesh, Rep.by its Principal Secretary, Home
Department Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Station House Officer, Tadepalli »Police Statipn Guntur District,
Andhra Pradesh.

3. Muppalla Sarnbasivarao, S/o. Veera Badhraiah Aged about 69 years,
4*^ line, Sarada Colony Guntur Town, Guntur District Andhra Pradesh.
4. Orsu Ramanjaneyulu, S/o. Anjaneyulu Aged about 40 years, R/o.
5/137A Near Ramalayam Street, Machavaram Guntur District.
...Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may

be 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 dt: 25-10-2024 issued 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 474 of 2024 Dated 19-10-2024 under Section 306 BNS of Tadepalli

Police Station and interfererence 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
25-10-2024 and further direct the Respondent No.2 not to interfere with the
business activities of the Petitioner Company without following due process of
law.
lA NO: 1 OF 2024

any coercive action against the Petitioner Company for the purpose of
handing over the gold ornaments pledged by the Respondent No 4.
Counsel for the Petitioner: SRI SHAIK ASIF
Counsel for the Respondent No's. 1 & 2: GP FOR HOME
Counsel for the Respondent No's. 3 & 4: --
The Court made the following Common order:
r

APHC010494382023

IN THE HIGH COURT OF ANDHRA PRADESH
I AT AMARAVATI [3457]
(Special Original Jurisdiction)
SATURDAY.THE THIRTIETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRUUSTICE HARINATH.N
WRIT PETITION Nos.25540. 26267. 3584.13928,13944. 16467. 23417.
28721. 28888 of 2023. 8621.9480. 9648.10424.14279.17065. 23656.
23757, 24620, 25826, 26080 of 2024

WP.No. 25 To OF 2023
Between:
1.MANAPPURAM ASSET FINANCE LIMITED, HAVING ITS
REGISTERED OFFICE AT IV 1470 (OLD) W638A (NEW).
MANAPPURAM HOUSE VALAPAD, THRISSUR, KERALA, INDIA - 680
567 AND ITS BRANCH AT BUILDING N0.1 - 49 - 126, VZM ROAD,
BANGALAMETTA, TAGARAPUVALASA, VISHAKAPATNAM, ANDHRA
PRADESH REPRESENTED THROUGH ITS' AUTHORIZED
SIGNATORY
...PETITIONER
AND
1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME
DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI.
2. THE CITY COMMISSIONER. OFFICE OF THE COMMISSIONER OF
POLICE, SURYABAGH. BESIDE VYSHAKIJALAUJYANAVA.NAM.
VISHAKHAPATNAM DISTRICT, AP.
3. THE STATION HOUSE OFFICER, BHIMUNIPATNAM POLICE
STATION, VISHAKHAPATNAM DISTRICT, AP.
4. NERALLA GOPINATH, S/0 N APPANNA, AGED ABOUT 44 YEARS.
OCC. TERRITORY MANAGER, RIO F.NO. 101, KALYAN KRISHNA
RESIDENCY 2, SANGIVALASA, TAGARAPUVALASA.
BHEEMUNIPATNAM MANDAL, VISHAKHAPATNAM DISTRICT, AP.
5. KOSANA VENKATA RAMANA, S/O SURI REDDY, AGED ABOUT 36
YEARS, OCC. ASST. BRANCH MANAGER, IIFL GOLD LOAN BANK,
TAGARAPUVALASA. R/O D.NO 8-65-102/2, CHILLAPETA VILLAGE,
BHEEMILI MANDAL, VISHAKHAPATNAM DISTRICT, AP.
6. KORADA VENKATA GIREESH, S/O KORADAAPPAYYAMMA, AGED
ABOUT 28 YEARS, D.NO. 3-61, T NAGARAPALEM,
VISHAKHAPATNAM DISTRICT, AP.
7. MUNAKALAKURNAKAR REDDY, S/O RAMAKRISHNSA, AGED
ABOUT 32 YEARS, R.NO. 8-63-43/1, CHILLAPETA, CHITTIVALASA,
BHEEMUNIPATNAM VISHAKHAPATNAM DISTRICT, AP.
8. VIJJAPU SAI, , S/O CHINNAVENKATA RAMANA. AGED ABOUT 23
II2II
WP.No.25540 of 2023& batch

YEARS, R.NOGOLLALATALLVALASA, , BHEEMUNIPATNAM,
VISHAKHAPATNAM DISTRICT, AP.
9. CHILLATRINADH, R.OD.NO. 8-63-1, CHILLAPETA,
BHEEMUNIPATNAM, VISHAKHAPATNAM DISTRICT, AP.
10.SINGARAPU ADI VENKATARAMANA, .S/0 SATYANARAYANA,
AGED ABOUT 29 YEARS, R.NO. D.NO. 8-57-20/1 , SANTHAPET ,

GOLLAVEEDI CHITTIVALASA, BHEEMUNIPATNAM,
VISHAKHAPATNAM DISTRICT, AP.
...RESPONDENT(S):
Counsel for the Petitioner:
1.VNITESH
Counsel for the Respondent(S):
1.GP FOR HOME
2.TSREEDHAR

The Court made the following:
<Gist:
>Head Note:
? Cases referred:
1. 2016 see Online Ker41332
2. SLP(CRL.)9539of2023

This Court made the following :
r //3//
WP.No.25540 of 2023& batch

APHCO-t0494382023

IN THE HIGH COURT OF ANDHRA PRADESH
I AT AMARAVATI [3457]
(Special Original Jurisdiction)
SATURDAY.THE THIRTIETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION Nos.25540. 26267. 3584.13928.13944.16467. 23417.
28721 28888 of 2023. 8621. 9480. 9648.10424.14279,17065. 23656.
23757. 24620. 25826. 26080 of 2024

WP.No. 25540 OF 2023
Between:
IMANAPPURAM ASSET FINANCE LIMITED. HAVING ITS
REGISTERED OFFICE AT IV 1470 (OLD) W638A (NEW),
MANAPPURAMHOUSE VALAPAD, THRISSUR, KERALA. INDIA - 680
567 AND ITS BRANCH AT BUILDING N0.1 - 49 - 126, VZM ROAD,
BANGALAMETTA, TAGARAPUVALASA, VISHAKAPATNAM, ANDHRA
PRADESH REPRESENTED THROUGH ITS AUTHORIZED
SIGNATORY
...PETITIONER
AND
1. THE STATE OF AP. REP BY ITS PRINCIPAL SECRETARY, HOME
DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI.
2. THE CITY COMMISSIONER. OFFICE OF THE COMMISSIONER OF
POLICE. SURYABAGH, BESIDE VYSHAKIJALAUJYANAVA.NAM,
VISHAKHAPATNAM DISTRICT. AP.
3. THE STATION HOUSE OFFICER, BHIMUNIPATNAM POLICE
STATION, VISHAKHAPATNAM DISTRICT, AP.
4. NERALLA GOPINATH, S/O N APPANNA, AGED ABOUT 44 YEARS,
OCC. TERRITORY MANAGER, RIO F.NO. 101, KALYAN KRISHNA
RESIDENCY 2, SANGIVALASA, TAGARAPUVALASA,
BHEEMUNIPATNAM MANUAL, VISHAKHAPATNAM DISTRICT, AP.
5. KOSANA VENKATA RAMANA, S/0 SURI REDDY, AGED ABOUT 36
YEARS, OCC. ASST. BRANCH MANAGER, IIFL GOLD LOAN BANK,
TAGARAPUVALASA, R/0 D.NO 8-65-102/2, CHILLAPETA VILLAGE,
BHEEMILI MANUAL, VISHAKHAPATNAM DISTRICT, AP.
6. KORADA VENKATA GIREESH, S/0 KORADAAPPAYYAMMA, AGED
ABOUT 28 YEARS, D.NO. 3-61, T NAGARAPALEM,
VISHAKHAPATNAM DISTRICT, AP.
7. MUNAKALAKURNAKAR REDDY. S/0 RAMAKRISHNSA, AGED
ABOUT 32 YEARS. R.NO. 8-63-43/1, CHILLAPETA, CHITTIVALASA.
BHEEMUNIPATNAM VISHAKHAPATNAM DISTRICT, AP.
8. VIJJAPU SAI, , S/0 CHINNAVENKATA RAMANA. AGED ABOUT 23
II4/I
WP.No.25540 of 2023& batch

YEARS,, R.NOGOLLALATALLVALASA, BHEEMUNIPATNAM.
VISHAKHAPATNAM DISTRICT, AP.
9. CHILLATRINADH, R.OD.NO. 8-63-1 CHILLAPETA,
BHEEMUNIPATNAM, VISHAKHAPATNAM DISTRICT, AP.
10.SINGARAPU ADI VENKATARAMANA, .S/0 SATYANARAYANA,
AGED ABOUT 29 YEARS, R.NO. D.NO. 8-57-20/1, , SANTHAPET
GOLLAVEEDI , CHITTIVALASA, BHEEMUNIPATNAM
VISHAKHAPATNAM DISTRICT. AP.
...RESPONDENT(S):
DATE OF COMMON ORDER PRONOUNCED: 30.08.2025

SUBMITTED FOR APPROVAL:

HON'BLE SRI JUSTICE HARINATH.N

1.
Whether Reporters of Local newspapers may
be allowed to see the Judgments? ■ Yes/No

2.
Whether the copies of order may be marked
to Law Reporters/Journals? Yes/No

3. Whether Your Lordships wish to see the fair
copy of the order?
Yeis/No

JUSTICE HARINATH.N
r //5//
WP.No.25540 of 2023& batch

APHC010494382023

IN THE HIGH COURT OF ANDHRA PRADESH
I AT AMARAVATI [3457]
(Special Original Jurisdiction)
SATURDAY,THE THIRTIETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION Nos.25540. 26267. 3584. 13928.13944, 16467. 23417.
28721, 28888 of 2023, 8621. 9480. 9648.10424.14279.17065. 23656.
23757, 24620. 25826, 26080 of 2024

WP.No. 25540 OF 2023
Between: '
1.MANAPPURAM ASSET FINANCE LIMITED, HAVING ITS
REGISTERED OFFICE AT IV 1470 (OLD) W638A (NEW),
MANAPPURAM HOUSE VALAPAD, THRISSUR, KERALA, INDIA - 680
567 AND ITS BRANCH AT BUILDING N0.1 - 49 - 126, VZM ROAD,
BANGALAMETTA, TAGARAPUVALASA, VISHAKAPATNAM, ANDHRA
PRADESH REPRESENTED THROUGH ITS AUTHORIZED
SIGNATORY
...PETITIONER
AND
1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME
DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI.
2. THE CITY COMMISSIONER, OFFICE OF THE COMMISSIONER OF
POLICE, SURYABAGH, BESIDE VYSHAKIJALAUJYANAVA.NAM,
VISHAKHAPATNAM DISTRICT, AP.
3. THE STATION HOUSE OFFICER, BHIMUNIPATNAM POLICE
STATION, VISHAKHAPATNAM DISTRICT, AP.
4. NERALLA GOPINATH, S/0 N APPANNA, AGED ABOUT 44 YEARS,
OCC. TERRITORY MANAGER, RIO F.NO. 101, KALYAN KRISHNA
RESIDENCY 2, SANGIVALASA, TAGARAPUVALASA,
BHEEMUNIPATNAM MANDAL, VISHAKHAPATNAM DISTRICT, AP.
5. KOSANA VENKATA RAMANA, S/0 SURI REDDY, AGED ABOUT 36
YEARS, OCC. ASST. BRANCH MANAGER, NFL GOLD LOAN BANK,
TAGARAPUVALASA, R/0 D.NO 8-65-102/2, CHILLAPETA VILLAGE^
BHEEMILI MANDAL, VISHAKHAPATNAM DISTRICT, AP.
6. KORADA VENKATA GIREESH, S/0 KORADAAPPAYYAMMA, AGED
ABOUT 28 YEARS, D.NO. 3-61, T NAGARAPALEM,
VISHAKHAPATNAM DISTRICT, AP.
7. MUNAKALAKURNAKAR REDDY, S/0 RAMAKRISHNSA, AGED
ABOUT 32 YEARS, R.NO. 8-63-43/1, CHILLAPETA, CHITTIVALASA,
BHEEMUNIPATNAM VISHAKHAPATNAM DISTRICT, AP.
8. VIJJAPU SAI, , S/0 CHINNAVENKATA RAMANA, AGED ABOUT 23
//6//
WP.No.25540 of 2023& batch

YEARS, R.NOGOLLALATALLVALASA, BHEEMUNIPATNAM
VISHAKHAPATNAM DISTRICT, AP.
9. CHILLATRINADH, R.OD.NO. * 8-63-1 CHILLAPETA,
BHEEMUNIPATNAM, VISHAKHAPATNAM DISTRICT, AP.
10.SINGARAPU ADI VENKATARAMANA .S/0 SATYANARAYANA,
AGED ABOUT 29 YEARS, R.NO. D.NO. 8-57-20/1 , SANTHAPET
GOLLAVEEDI , CHITTIVALASA, BHEEMUNIPATNAM,
VISHAKHAPATNAM DISTRICT, AP.
...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 topleased 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.3 U/s 91of Cr.P.C, dt25-09-2023 issued 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.6 to
10 without discharging the loan amounts under the guise of registration of Cr.
No. 253 of 2023 in Bheemunipatnam Police Station, Vishakhapatnam
Commissionerate for the offences under Section 420,409 I PC on 23-09-2023
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 asic/e the impugnfed notice dt25-09-
2023 and further direct the Respondents herein especially the Respondent
no.3 not to interfere with the business activities of the Petitioner Company
without following due process of law and pas
lA NO: 1 OF 2023

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
pleased to suspend theNotice of Respondent No.3 dt.25-09-2023 issued
against the branch of Petitioner Company by the Respondent No.3 and grant
such other relief or reliefs as this Hon'ble Court may deem fit and proper in the
circumstances of the case.
lA NO: 2 OF 2023

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
pleased to direct the Respondent no. 3 not to take any coercive action against
the Petitioner Company for the purpose of handing over the gold ornaments
pledged by the Respondent No.6 to 10 and grant such other relief or reliefs as
this Hon'ble Court may deem fit and proper in the circumstances of the case
lA NO: 3 OF 202.3

Petition under Section 151 CPC praying'that in the cirpumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to permit the petitioner to amend the Cause title of the petitioner in
the above Writ Petition and other interlocutory applications as "Manappuram
Asset Finance Limited, having its registered office at IV / 470 (old) W638A
r inn
WP.No.25540 of 2023& batch

(New), Manappuram House Valapad, Thrissur, Kerala, India - 680 567 and its
branch at Building No.1-49-126, VZM Road, Bangalametta, Tagarapuvalasa,
Vishakapatnam, Andhra Pradesh Represented through its authorized
signatory" in the place of "Manappuram Asset Finance & Leasing Limited,
having its registered office at IV / 470 (old) W638A (New), Manappuram
House Valapad, Thrissur, Kerala, India - 680 567 and its branch at Building
No.1-49-126, VZM Road, Bangalametta, Tagarapuvalasa, Vishakapatnam,
Andhra Pradesh Represented through its authorized signatory" and pass
Counsel for the Petitioner:
1.VNITESH
Counsel for the Respondent(S):
1.GP FOR HOME
2.TSREEDHAR
The Court made the following:
//8//

WP.No.25540 of 2023& batch

THE HONOURABLE SRI JUStIcE HARINATH.N
WRIT PETITION Nos.25540. 26267. 3584. 13928, 13944. 16467. 23417.
28721, 28888 of 2023, 8621,9480. 9648. 10424, 14279, 17065. 23656.
23757. 24620. 25826. 26080 of 2024

COMMON ORDER

1. The petitioners are aggrieved by the issuance of notices under Section 91 and Section 102 of Cr.P.C., (Section 94 of BNSS) by the investigating officers of various police stations.investigating the crimes registered. The petitioners are in the business of extending loans against the mortgage of gold ornaments.

2. The petitioners were issued notices by the investigating officers to produce and hand over the gold ornaments during,the course of the investigation.

The details of the batch of writ petitions are as follows ;

    S.        WP.No.         Police Station      Crime    Section
    N                                                                   Complaintfiled by
                                                  numb    of Law
    o.
                                                   er
    1.    WP.No.25540        Bhimunipatnam       253 of     409.          Branch Head,
              of 2023         Police station     2023      420 of          NFL Finance
                                                            IPC                Ltd..
   2.     WP.No.28721          Bobbin Town       541 of    457,             K.Kavitha
              of 2023         Police Station      2023    380 IPC           Sravanthi
                                                                         alleging theft of
                                                                             her gold
                                                                            ornaments
   3.     WP.No.26267       Bhimunipatnam        253 of    409,           Branch Head.
             of 2023         Police Station      2023     420 IPC        IIFL Finance
                                                                             Ltd.,
   4      WP.No.23757           Sompta           119 of   303 (2)       G.Jeevaratnam
             of 2024         Police Station      2024      BNS          alleging theft of
                                                                        gold ornaments
   5      WP.No.23656        Kovvur Town         227 of   331 (4)           K.Ushasri
             of 2024         Police Station      2024     305(a)        alleging theft of
                                                           BNS              her gold
                                                                           ornaments
                                     //9//
r
                                                              WP.No.25540 of 2023& batch



    6    WP.N025826       Alamuru           212 of   331 (4),           J.Maaruthi
           of 2024      Police Station      2024       305               SIvaram,
                                                      BNS           alleging theft of
                                                                    gold ornaments
    7    WP.No.3584     Chodavaram          32 of     454          R.Sasank Bharat
           of 2023      Police Station      2023     380 IPC        alleging theft of
                                                                    gold ornaments
    8    WP.No.26080      Tadepalli         474 of     306            M.Sambasiva
           of 2024      Police Station      ^024      BNS                 Rao
                                                                    alleging theft of
                                                                    gold ornaments
    9    WP.No.24620    Madanapalle         423 of   Woman            P.Surendra,
            of 2024         Rural           2024     missing        alleging missing
                        Police Station                               of woman and
                                                                   also theft of gold
                                                                       ornaments
    10   WP.No.8621    Guntakal I Town       5 of     454,             D.Rajesh
           of 2024      Police Station      2024     380 IPC        alleging theft of
                                                                    gold ornaments
    11   WP.No.9480       Muddanur          286 of   . 454,           P.Viswarupa
           of 2024      Police Station      2023     380 IPC              Achari
                                                                    alleging theft of
                                                                    gold ornaments
    12   WP.No.28888    Yeleswaram          267 of    457,            G.Chinnarao
           of 2023      Police Station      2022     380 IPC        alleging theft of
                                                                    gold ornaments
                        Jaggampeta          295 of     457,         Satyavathi Rayi
                        Police Station      2023     380 IRC        alleging theft of
                                                                    gold ornaments
                        Jaggampeta          296 of    457,               Srinivas
                        Police Station      2023     380 IPC             Bhumadi
                         Kirlampudi         103 of    457,           Kanta Sanyasi
                        Police Station      2023     380 IPC                Rao
                                                                    alleging theft of
                                                                    gold ornaments
                         Samalkota          192 of    457              Satyaveni
                        Police Station      2023     380 IPC           Palacharlla
                                                                    alleging theft of
                                                                    gold ornaments
                        Peddapuram          120 of    457,         P.Satyanarayana
                        Police Station      2023      380,                  Rao
                                                     511 IPC        alleging theft of
                                                                    gold ornaments
                        Peddapuram          174 of    457,         P.Satyanarayana
                        Police Station      2023     380 IPC        alleging theft of
                                                                    gold ornaments
                                 Inon
                                                             WP.No.25540 of 2023& batch



                        Yeleswaram        171 of      457,           G.Reddibabu
                       Police Station     2023      380 IPC        alleging theft of
                                                                   gold ornaments
                         Samalkot        267 of       457,        B.V.V.Satyanara
                       Police Station     2023      380 IPC                yana
                                                                   alleging theft of
                                                                   gold ornaments
                       Jaggampeta        194 of       457,              S. Srinu
                      Police Station      2023      380IPC         aHeging theft of
                                                                   gold ornaments
                        Samalkot         124 of       457,          Devi Jyothula
                      Police Station      2023      380 IPC        alleging theft of
                                                                   gold ornaments
                        Prathipadu       362 of       457,          K.Veerababu
                      Police Station      2022      380 IPC        alleging theft of
                                                                   gold ornaments
                       Addateegala        52 of      457,        Y.Satyanarayana
                      Police Station      2022      380 IPC        alleging theft of
                                                                  gold ornaments
 13   WP.No.23417     Krishnalanka       459 of      454,
         of 2023
                                                                 N.V.Satyanaraya
                      Police Station      2023      380 IPC          na Murthy
                                                                  alleging theft of
 14
                                                                  gold ornaments
       WP.No.9648       Vinukonda          75        457,          D.Gangadhara
         of 2024      Police Station      and       380 IPC               Rao
                                         76 of                   D.Akhilandeswari
                                         2024
                                                                  alleging theft of
                                                                     their gold
                                                                     ornaments
15    WP.No. 10424     Parawada         175 of       454,          Ch.Ramadevi
         of 2024     Police Station     2024         380         alleging theft of
                                                     IPC         gold ornaments
16    WP.No.14279    Pattabhipuram      193 of     380 IPC         P.Arunkumar
        of 2024      Police Station      2024
                                                                 alleging theft of
17
                                                                 gold ornaments
      WP.No. 13928   Kavali I Town       ^5 of     380 IPC            P.Madhu
        of 2023      Police Station      2023                     Sudhana Rao
                                                                 alleging theft of
18                                                               gold ornaments
      WP.No.17065      Pendurthy        270 of      457,            M.Jayanth
        of 2024      Police Station     2024       380 IPC             Kumar
                                                                 alleging theft of
19                                                              gold ornaments
       WP.No.         Pedakakani        232 of
       16467 of                                    380 IPC      K.Samrajyamma
                     Police Station     2023
         2023
                                                                alleging theft of
                                                                gold ornaments
 r                                       //ii//
                                                                    WP.No.25540 of 2023& batch



       20   WP.No. 13944       Salur Town        135 of      454,             N.Yogitha
                 of 2023      Police Station     2023     380 IPC              Sailaxmi
                                                                          alleging theft of
                                                                              her gold
                                                                             ornaments

3. Sri.P.Venkateswarlu, learned senior counsel for the petitioners, submits that WP.No.25540 of 2023 be taken as a lead case as the other writ petitions are also similarly placed, as such, a common order can be passed.

4. It is submitted that the petitioner company is a leading non-banking financial institution having branches across the country, including various towns in the State of Andhra Pradesh. In all these writ petitions, the petitioners have extended finance after pledging the gold ornaments. It is also submitted that the customers who have pledged gold ornaments have executed loan agreements, and that the pledged gold will be returned to the customers of the petitioner company after repayment of the gold loan, together with interest.

5. it has come to the knowledge of the petitioner-company that some of the gold ornaments which were pledged with the petitioner-compan y were subject of crime proceeds. The investigating officers of the crimes registered at various police stations issued notices calling upon the petitioner company to produce the gold for investigation purposes.

6. Learned senior counsel further submits that the notices issued by the investigating officers are vague and devoid of any details about disclosing the nature of gold ornaments or the weight of the gold //12// WP.No.25540 of 2023& batch ornaments. In the absence of such details, the investigating officers cannot call upon the petitioner company to produce the gold. It is also submitted that the investigating officers are holding out threats of implicating the officers of the petitioner-company as co-accused in the event the petitioner-company does not comply with the notices issued under Section 91 of Cr.P.C.,

7. The learned senior counsel further submits that the criminal cases in which the police are investigating are for the purposie of punishing the accused, not for the recovery of gold. It is also submitted that the petitioner company is a Pawnee and as per Section 173 of the Indian Contract Act. The Pawnee may retain the goods pledged not only for payment of debt or for the interest on the debt, but also for all other expenses relating to the said pledge,

8. The learned senior counsel also submits that the petitioner company would acquire title to the goods pledged in terms of Section 178-A of the Indian Contract Act, 1872 as the Pawnee cannot be held responsible for defect of the title of the Pawnor. It is also submitted that the petitioner, as a Company, is in the business of extending loans by mortgaging the gold. Any customer who obtains a loan by mortgaging gold after entering into a valid agreement will be responsible and liable for repaying the entire loan, together with applicable interest and other charges. It is only after discharge of the loan amount and other charges that the Pawnor can reclaim the gold ornaments. Any event of default r //13// WP.No.25540 of 2023& batch under the terms of the agreements would entitle the petitioner company to auction the gold towards the realisation of the outstanding dues.

> I

9. It is also submitted that the respondent/police authorities were duly informed about the contractual obligation of the Pawnee and Pawnor and that the respondent/police authorities are not justified in issuing the impugned notices calling upon the petitioner-company to deposit/handover the gold ornaments as called upon through the impugned notices.

10. The learned senior counsel places reliance on K.M.Shalima Vs. State of Kerala\ and submits that the Pawnee has a right to retain the gold ornaments pending discharge of the loan by the Pawnor. It is also submitted that the learned single Judgp of the High Court of Kerala at Ernakulam held that Sections 173 and 178-A of the Indian Contract Act would apply to the petitioner therein. The learned senior counsel places reliance on Muthoot Fincorp Limited Vs. The Station House Officer & Ors^ the Hon'ble Supreme Court, while dealing with an SLP filed by Muthoot Fincorp Limited, recorded the undertaking submitted by the petitioner whereby the petitioner undertook to 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. A further undertaking to produce the pledged ornaments before the concerned Court as and when directed iby the concerned ^2016 see Online Ker41332 "'SLP (eRL.)9539of2023 //14// WP.No.25540 of 2023& batch Court, apart from undertaking not to hand over the pledged ornaments to the pledger or any person representing him or redemption of pledge without permission from the concerned Court and also not to sell the gold or any portion of the same without prior permission of the Court. The learned senior counsel submits that a similar direction be passed in the writ petitions.

11. Sri.T.Sridhar, learned counsel appearing for respondent No.4, submits that the petitioner-company cannot take the shelter of Section 173 and ^78-A of the Indian Contract Act as the petitioner cannot claim legal retention of the proceeds of a crime. It is submitted that the gold ornaments, which are in possession of the petitioner company, form the subject of the crime property. The crime property would have to be surrendered to the police, and the police have an unfettered right to seize the same pending investigation.

12. The 4th respondent in WP.No.25540 of 2023 is a representative of IIFL Finance Limited, and the other unofficial respondents resorted to committing a crime, which led to the registration of a crime by IIFL Finance Limited. The learned counsel for the 4th respondent further submits that the High Court of Telangana. in WP.No.37182 of 2021 and batch of writ petitions, dismissed the writ petitions filed by the petitioners therein. It is submitted that similar prayers were sought, whereby notices issued under Sections 91 and 102 of Cr.P.C. were under challenge. The learned Judge dismissed the writ petitions by holding r' //15// WP.No.25540 of 2023& batch # that the respondent/ police/ investigating officers were given liberty to I seize gold articles from the petitioners by complying with the procedure under Section t02 Cr. P.C,

13. It is also submitted by the learned counsel for respondent No. 4 that the gold ornaments under mortgage to the petitioners would have to be considered as crime property under Section 114 of the Indian Evidence Act. It is submitted that the petitioner company is duty-bound to ascertain the source of possession of the gold ornaments before pledging them. It is also submitted that the petitioner-company' s extension of the gold loan by pledging gold ornaments is supported by an agreement. Any defect in the title fo/- the gold pledged would entitle the petitioner company to take steps for recovery of the outstanding dues by invoking the jurisdiction of the competent Court or invoking the dispute resolution clause as per the recitals of the agreement(s).

14. The learned Government Pleader appearing for the State submits that various police stations received complaints regarding the theft of gold, and upon receipt of such complaints, crimes were registered. During the course of the investigation, it has come to the knowledge of the investigating officers that the crime property was mortgaged with the petitioner company (companies) by the accused. It is the statutoryduty of the police to investigate the crimes registered.

//16// WP.No.25540 of 2023& batch

15. It is also submitted that it is the bounden duty of the State to investigate the registered crimes, and the interests of the victims who lost their gold would have to be protected.

16. Heard the learned senior counsel appearing for the petitioner- company(companies), learned counsel appearing for the 4th respondent and the learned Government Pleader for Ihe State. Perused the material on record.

17. The short point for consideration in the batch of writ petitions is Whether a direction as sought by the petitioners seeking to set aside the impugned notice(s) issued under Sections 91 and Section 102 of Cr.P.C., can be issued by exercising the jurisdiction under Article 226 of the Constitution of India 7

18. In the present batch of writ petitions, WP Nos. 25540 of 2023 and 26267 of 2023, are filed by representatives of a finance company alleging that their own employees are involved in misappropriati ng gold ornaments belonging to customers and subsequently subjecting them to k mortgage with the petitioners. In WP.No.28888 of 2023, the petitioner is challenging the notices issued under Section 91 of the Cr.P.C. in as many as 12 FIRs registered in various police stations, all of which are registered for offences under Section 380 of the IPC and Sections 454 and 457 of the IPC. All the complainants had reported house breaking and theft of valuables, including gold ornament?. Those gold ornaments were mortgaged by the accused with the petitioner company.

r //17// WP.No.25540 of 2023& batch

19. In all the other writ petitions, the complainants are individuals who have complained of housebreaking and theft/robbery of their gold ornaments. The complainants have detailed the description and approximate weight of the gold ornaments in their respective complaints.

20. The police have registered complaints, and after apprehending the accused, the investigating officers are informed about the mortgage of the gold ornaments with the petitioner company (companies) by the accused. In furtherance of the investigation, the investigating officer has rightly issued notices under Section 91 and 102 of the Cr.P.C. to the petitioners to produce the gold ornaments, as they gre crime property. The investigating officer would have to complete investigation and also deposit the crime property before the competent Magistrate Court.

21. The petitioners would enter into loan agreements with their customers while depositing the gold ornaments. This Court requested the learned counsel appearing for the petitioners to submit one set of the standard documentation for obtaining a gold loan and the operating guidelines for extending the loans. The relevant documentation is submitted.

22. As seen from the said documents, an undertaking to the effect that the Pawnor is the absolute owner and possessor of the gold ornaments which are mortgaged. It is also stated in the uhdertaking by the Pawnors that they would take on the entire liability and would be liable to repay the total outstanding amount, together with interest and applicable charges, in the event it comes to the knowledge of the //18// WP.No.25540 of 2023& batch Finance Company that the Pawnor does not have legal title to the gold ornaments. The loan policy also mandates the petitioner to conduct proper due diligence on their customers and ensure ownership of the gold in line with relevant regulatory horms. The loan policy of the petitioner company also suggested that the Branch Head/Manager ensure proper verification and collect additional confirmation regarding ownership and possession of gold ornaments. Documents such as proof of inheritance and proof of purchase would have to be verified. Additionally, the Branch Head/Branch Manager would have to issue a certificate confirming that proper due diligence was conducted to establish ownership, as part of the customer due diligence process, which would also have to be preserved along with the loan application form.

23. The persons who are accused of committing theft have devised a new method of liquidating the stolen property. The accused, by layering the gold ornaments as a mortgage property, are liquidating the crime proceeds. The manner in which the proceeds of crime are dealt with by the accused, who executes loan agreements and creates a contractual obligation between a Pawnee and a Pawnor, cannot come to the rescue of the petitioners. The petitioners, as companies, are authorised to extend gold loans and would have to devise their own methods of safeguards to mitigate the legal consequences of pledging stolen property.

r- ImiI WP.No.25540 of 2023& batch

24. The petitioners would have to invoke the appropriate clause of the agreement for dispute resolution and recover the outstanding dues from the Pawnor. The Pawnor would have no legal right to create a lien on the stolen property, and the Pawnee cannot also endorse stamping of validity by pledging the stolen property. These issues would be considered by the trial Court deciding the cases on the merits. Insofar as the challenge before this Court to the impugned notices issued by the investigating officers is concerned, this Court cannot interfere in the process of investigation. The investigating officers would have to be given a free hand in completing the investigation.

25. The plight of the victims who lost their gold should be kept in mind by the Courts. The victims have complained of theft/robbery from their homes. The personal jewellery of the victims was stolen by the accused. During the course of the investigation, the investigating officer has gathered evidence regarding the pledging of crime property by the petitioners. To complete the investigation, the investigating officers exercised their powers under Section 91 and 102 Cr.P.C. and called upon the petitioners to produce the gold ornaments. The said notices > * ought not to be interfered with.

26. The petitioners have a remedy of recovery from the customers who executed the loan agreements. Whereas, the victims whose property was the subject of theft would be left remediless if this Court interferes 112011 WP.No.25540 of 2023& batch with the investigation and interdicts the notices issued by the investigating officers.

27. The observations of the Hon'ble Supreme Court in SLP (CRL.) 4351 of 2022 permitting the appellants to make an application under Sections 451 and 457 of Cr.P.C., before the learned Magistrate and the learned Magistrate was further directed to entertain the application and pass necessary orders. The further directions of Hon'ble Supreme Court in SLP (CRL) 9539 of 2023, whereby the additional affidavit filed by the appellants undertaking to produce the pledged ornaments as and when called by the investigating officer and also produce them before the trial Court as and when directed by the learned Magistrate and the other undertaking of the appellant was taken on record. These orders would not come to the aid of the petitioners, as in those cases, the investigating officer already deposited the property before the Magistrate Court, and the facts of those cases are entirely different and distinct from the facts on hand in the batch of above writ petitions.

28. The petitioners are registered, authorized and regulated by the Reserve Bank of India for conducting their business as non-banking financial institutions. This would not entitle the petitioners to mortgage a theft property or a crime property and claim protection under Sections 173 and 178-A of the Indian Contract Act. The petitioners can invoke those provisions of law against their customers in the event of any dispute between them. In cases where the petitioners are informed that a crime r II2MI WP.No.25540of 2023& batch property is subject to a mortgage, the petitioners would not be entitled to ratify the theft or crime by executing an agreement with the accused.

29. The petitioners ought to have ample safeguards in place while extending gold loans. In the above batch of cases, the petitioners cannot challenge the issuance of notices under Section 91 and 102 Cr.P.C., as they have no vested legal right to obstruct the investigation by claiming protection under Section 173 and 178-A of the Indian Contract Act. The petitioners also caniiot claim to be victims, as they have an effective and alternative remedy of initiating appropriate proceedings for the recovery of the entire loan amount, together with all other applicable interest and charges.

30. That apart, the objection raised by the learned senior counsel that the impugned notices are bereft of any details is concerned, the relevant details relating to the loan agreement and other details relating to the ornaments pledged are already mentioned in the notices. The petitioners can correlate the ornaments pledged with the Customer ID and the agreement number.

31. The consequences of this Court setting aside tVie notices under Sections 91 and 102 of Cr.P.C. would give the petitioners a free run to sell off the gold ornaments and appropriate the proceeds towards their outstanding loan account. In such a scenario, the victims would lose their gold and be at the receiving end, with no respite or remedy.

II22/I WP.No.25540 of 2023& batch

32. That being said, it is the statutory duty of the police to complete the investigation by recovering the stolen property to the extent possible I and depositing it before the concerned jurisdictional Magistrate for safe custody. It would be open for the claimants to claim the gold ornaments for interim custody by filing the appropriate petitions under Sections 451 and 457 of the Cr.P.C. before the jurisdictional Magistrate. Upon receipt of such petitions, the learned Magistrate would have to deal with them in accordance with the law. It is left open for the investigating officers to take the necessary steps to secure the crime property at the earliest to complete the investigation. Several crimes were reported about 2-3 years ago, and the victims were left in a lurch, denied access to their gold ornaments. In any household, the woman would have emotional bonding with their jewellery and at times the jewellery is passed on from generation to generation.

33. The family gold ornaments carry sentimental value, cultural significance and are symbols of emotional inheritance. The property belonging to the complainants is now in the custody of the petitioners. The said custody is due to the accused pledging gold ornaments. Thus, the complainants would have the primary right and interest to claim interim custody over the same. At the same time, the petitioners can invoke the dispute resolution clause of the loan agreements and initiate recovery proceedings against the customers who have defaulted. Granting any * order in favour of the petitioners by interdicting the impugned notices //23// WP.No.25540 of 2023& batch would be counterproductive for the actual victims and their claim over the gold ornaments.

34. As such, this Court is of the considered view that the writ petitions filed challenging the impugned notices issued under Sections 91 and 102 Cr.P.C. deserve to be dismissed.

35. Accordingly, the writ petitions are dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

* Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER One fair copy to the Hon'ble Sri Justice Harinath. N (for His Lordship's kind Perusal) To,

1. The Under Secretary, Union of India, Ministry of Law. Justice & Company Affairs, New Delhi.

2. The Secretary, A.P. High Court Advocates Association. High Court of A.P. at Amaravati, Guntur District. I

3. 9 L.R. Copies.

4. One CC to SRI. V NITESH, Advocate [OPUC]

5. One CC to SRI SHAIK ASIF, Advocate [OPUC]

6. One CC to SRI SRINIVASA RAO NARRA, Advocate [OPUC]

7. One CC to SRI P. V. RAGHAVENDRA RAO, Advocate [OPUC]

8. One CC to SRI K JYOTHI PRASAD. Advocate [OPUC]

9. One CC to M/s AYESHA AZMA S, Advocate [OPUC] lO.One CC to SRI ARUN SHOWRI G. Advocate [OPUC]

11.One CC to SRI. T SREEDHAR, Avdvocate [OPUC] 12.0ne CC to SRI CHALASANI AJAY KUMAR, Advocate [OPUC] 13.0ne CC to SRI JAWAJI SARATII CHANDRA, Advocate [OPUC] 14.0ne CC to SRI DASARI S VV S V PRASAD, Advocate [OPUC]

15.Two CCs to GP FOR HOME, High Court of Andhra' Pradesh [OUT]

16.Three CD Copies PRK ) I \ HIGH COURT DATED:30/08/2025 COMMON ORDER WP NO'S. 25540, 26267, 3584. 13928,13944. 16467. 23417. 28721, 28888 OF 2023. 8621. 9480. 9648. 10424. 14279,17065, 23656. 23757. 24620. 25826. 26080 of 2024 ^ %% I 11 SEP 2025 m.

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