Andhra Pradesh High Court - Amravati
Muthoot Fincorp Limited vs The State Of Andhra Pradesh on 6 August, 2025
APHC010402162025
IN THE HIGH COURT OF ANDHRA PRADESH
1 AT AMARAVATI
(Special Original Jurisdiction)
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WEDNESDAY,THE SIXTH DAY OF AUGUST 1 ^5 W"
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 20686 OF 2025
Between:
M/s. Muthoot Fincorp Limited, 5"^ Floor, Muthoot Center, Punnen Road,
Thriuvananthapuram, Kerala, India-680001, and its branch at Annavaram,
Represented through its authorized signatory, Srinivasa Reddy Madugla.
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Sub Inspector of Police/Station House Officer, Tuni Rural Police
Station, Kakinada District, Andhra Pradesh.
3. Chitturi Yesudas, S/o Narasayya, Aged 54 Years, Branch Manager,
Canara Bank, Tetagunta Village, Tuni Mandal Kakinada District,
Andhra Pradesh.
...RESPONDENTS
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 to issue an appropriate Writ, order, or direction, particularly in the
nature of a Writ of Mandamus, by declaring the undated notice issued by the
Respondent No.2 i.e., Sub-Inspector of Police Tuni Rural Police Station,
Kakinada District, in Cr. No. 46/2025 U/s 403, 406 408, 381 IPC, and
consequently extending threats to the employees of the Petitioner Company
to hand over the gold under the guise of registration of Crime. No. 46/2025
Dated 13-02-2025 and interfering with the day-to-day business activities of
the Petitioner Company without following due process of law as illegal,
arbitrary and contrary to the law and consequently 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 2025
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 the undated Notice issued by the Respondent No.2, against the branch
of Petitioner Company by the Respondent No.2 and direct the Respondent
No. 2 not to take any coercive actions against the Petitioner Company for the
purpose of handing over the gold 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 interests of justice.
Counsel for the Petitioner: SRI SHAIK ASIF
Counsel for the Respondent Nos.1 & 2: GP FOR HOME
Counsel for the Respondent No.3:--
The Court made the following order:
1
APHC010402162025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
WEDNESDAY, THE SIXTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 20686/2025
Between:
1.MUTHOOT FINCORP LIMITED, 5TH FLOOR, MUTHOOT CENTER,
PUNNEN ROAD, THRIUVANANTHAPURAM, KERALA, INDIA-680001,
AND ITS BRANCH AT ANNAVARAM, REPRESENTED THROUGH
ITS AUTHORIZED SIGNATORY, SRINIVASA REDDY MADUGLA.
...PETITIONER
AND
1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, HOME DEPARTMENT SECRETARIAT BUILDINGS,
AMARAVATI, ANDHRA PRADESH.
2.THE SUB INSPECTOR OF POLICE/STATION HOUSE OFFICER,
TUNI RURAL POLICE STATION, KAKINADA DISTRICT, ANDHRA
PRADESH.
3.CHITTURI YESUDAS, S/0 NARASAYYA, AGED 54 YEARS. BRANCH
MANAGER, CANARA BANK, TETAGUNTA VILLAGE, TUNI MANUAL,
KAKINADA DISTRICT, ANDHRA PRADESH.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue an appropriate Writ, order, or direction, particularly in the
nature of a Writ of Mandamus, by declaring the the undated notice issued by
the Respondent No.2 i.e., Sub-Inspector of Police, Tuni Rural Police Station,
Kakinada District, in Cr. No. 46/2025 U/s 403, 406, 408. 381 IPC, and
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consequently extending threats to the employees of the Petitioner Company
to hand over the gold under the guise of registration of Crime. No. 46/2025
Dated 02- 13-2025 and interfering with the day-to-day business activities of
the Petitioner Company without following due process of law as illegal,
arbitrary and contrary to the law and consequently direct the Respondent
No.2 not to interfere with the business activities of the Petitioner Company
without following due process of law and pass
lA NO: 1 OF 2025
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 the undated Notice issued by the Respondent No,2, against the branch
of Petitioner Company by the Respondent No.2 and direct the Respondent
No. 2 not to take any coercive actions against the Petitioner Company for the
purpose of handing over the gold and grant such other relief or reliefs as this
Hon'bie Court may deem fit and proper in the circumstances of the case in
the interests of justice.
Counsel for the Petitioner:
1.SHAIKASIF
Counsel for the Respondent(S):
1.GP FOR HOME
3
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAl PRATAPA
WRIT PETITION NO: 20686 of 2025
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
"...pleased to issue an appropriate Writ, order, or direction, particularly in the nature of a Writ of Mandamus, by declaring the undated notice issued by the Respondent No.2 i.e., Sub-Inspector of Police, TunI Rural Police Station, Kakinada District, in Cr. No. 46/2025 U/s 403, 406, 408, 381 IPC, and consequently extending threats to the employees of the Petitioner Company to hand over the gold under the guise of registration of Crime. No. 46/2025 Dated 13-02-2025 and interfering with the day-to-day business activities of the Petitioner Company without following due process of law as illegal, arbitrary and contrary to the law and consequently direct the Respondent No. 2 not to interfere with the business activities of the Petitioner Company without following due process of law and pass... "
2. Heard Sri Shaik Asif, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3, Learned counsel for the petitioner would submit that it is a case where the petitioner purchased the gold from accused in Crime No. 46 of 2025 dated 13.02.2025 of Tuni Rural Police Station, registered for the offences punishable under Sections 403, 406, 408, 381 of IPC. Learned counsel would further I submit that a notice was issued by the SI of Police, Tuni Rural to furnish the list of the pledged ornaments.
4. Learned Assistant Government Pleader for Home would submit that a batch of writ petitions were dismissed by the Telangana High Court, stating 4 that the police can issue such notices to purchasers who bought the gold involved in the crime.
5. Learned counsel for the petitioner would submit that the main grievance of the petitioner is that, although they produced the gold before the police in compliance with the summons received, the police did not follow the procedure to produce it before the Court. Learned counsel would further submit that the Court may pass appropriate orders by giving necessary directions to the police in this regard.
6. Considering the submissions made, the writ petition is disposed of. However, the police are directed to follow the procedure in accordance with law. The petitioner herein is directed to comply with the notice received from the police. Upon submission of the gold before the police, the police are directed to receive the same in the presence of mediators under a panchanama and then produce it before the Court forthwith. The learned Magistrate may take an appropriate decision over the matter, in accordance with law. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Amaravati, Andhra Pradesh.
2. The Sub Inspector of Police/Station House Officer, Tuni Rural Police Station, Kakinada District, Andhra Pradesh.
3. One CC to Sri Shaik Asif, Advocate [OPUC]
4. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT]
5. Two CD Copies.
ssb HIGH COURT DATED;06/08/2025 ORDER WP No.20686 OF 2025 18 AUG 2025 SxyrgfrtSectig^ Co DISPOSING OF THE W.P. WITHOUT COSTS