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Showing contexts for: section 175 indian penal code in Manappuram General Finance And Leasing ... vs The State Of Andhra Pradesh on 13 August, 2025Matching Fragments
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
of 2023
N.V.Satyanaraya
Police Station 2023 380 IPC na Murthy
alleging theft of
gold ornaments
WP.No.9648 Vinukonda 75 457, D.Gangadhara
of 2024 Police Station and 380 IPC Rao
76 of D.Akhilandeswari
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
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
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
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.
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).
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.