High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or a direction, more particularly one in the nature of writ of Mandamus, declaring the action of the 4th Respondent herein to extending threats to handover the gold ornaments deposited by the 6th Respondent in respect of lodn account Nos. tvlAl 8E82, HDL 150, HVR 67, MLM 1072 and 'S., ''*"-' ' personar visits anc, extending orar threats to the emproyees of the petitioner to hand over the gord ornaments without any manner of right under the guise of registration of Crime No 47l2O2S under Sections 316 (2),318 (4) BNS, r/w Sec. Z6 chit Fund Act and Section 3, 5 0f rerangana protection of Depositors of Financiar Estabrishments Act of Eow ream-v. centrar crime station, Detective Department against Respondent Nos 6 and 7 and intederence with the day-to-day business activities of the petitioner s Company without followinn Ouu Oro;.;'";;;'r, ilregar' unwarranted' unsustainabre, arbitrary, u nconstrtutiona r, against Law as we, as principres of naturar justice and consequenry direct the Respondents not to interference with the business activities of the petitioner company without following d ue process of law. IA NO: oF 202s 1 petition under Section 1 51 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 Respondents not to interfere with the business activities of the petitioner company under the guise of registration of crime No.47/2025under sections 316 (2), 318 (4) BNS, rrw Sec. Z6 Chit Fund Act and Section 3, 5 of Tetangana Protection of Depositcrs of Financiar Estabrishments Act of EOW Team-V, centrar crime station' Detective Department against Respondent Nos.6 and 7 without following due process of law, i I i i I i Counsel for the petitioner: SRI K. B. RAMANNA DORA Counsel for the Respondent Nos.1 to 4: Gp FOR HOME Counsel for the Respondent Nos.5 to 7:--_ The Court made the following: ORDER THE IION'BLE SRI JUSTICE K' LAKSHMAN WRIT PE TITI ON No.166 67 of 2025 oRAL ORI)ER: Heardlearnedcounselforthepetitionerandlearned Assistant Government Pleader for Home' Z. Petitioner is a Finance Company and it deals with finance business inctuding sanction of gold loans' [t has sanctioned gold loan to respondent No'6' Respondent No'5 has lodged a complaint against respondent No'7 with Potice' CCS' Hyderabad, who in-turn' registered a case in Crime No'47 of 2025 torthe offences punishable under Sections 316(2) and 318(a) of Bh atatiyaNyaya Sanhita' 2023 read with Section 76 of the Chit Funds Act' 1982 and Sections 3 and 5 of the Telangana Protection of Depositors of Financial Establishments Ac! 1999' Under the guise of the notice dated 11.06.2025 in the said crime' respondent No'4 is interfering with the business transactions of the petitloner fotlowing the procedure laid down under the law' Therefore' filed the Present r'vrit Petition' without the petitioner has \ 2 KL, J w.P-No 16667 of 2025 ;.r,{{

3. Whcreas, learned Assistant Government pleader for Home, on instructions,, would submit that during the course of investigation, the Investigating Officer has added respondent No.6 as accused No.2 in the said crime. According to him, accused No.1 has made confession statement stating that from the collected amounts, they have spent amounts for their lavish iivelihood and also diverted victims deposits/chit amoutrts to purchase gold ornaments in the year 2023 and 2024 weighing about -10 trrlas tbr respondent No.6/accused No.2 and that his wiibirespondent No.6 mortgaged the said gold ornaments with the petitioner. On instructions, he would further submit lhat the Investigating Officer in Crime No.47 of 2025 is conducting in vestigation str-ictiy in accordance with the procedurc laid down under.Bharatiya Nagarik Suraksha Sanhita. 2023.

4. ln the light of the said submissions, notice to respondent Nos.5 to 7 is dispensed with. This writ petition is disposed of directing the Investigating Officer in Crime No.47 of 2025 pending on the file of CCS, Hyderabad, to strictly follow the procedure laid down under BNSS , 2023 while conducting ')) KL, J W P.No 16667 ol2025 /' investigation in the said crime' The petitioner shall cooperate with the Investigating Officer' Miscellaneous applications, if any pending' shall stand closed. There shall be no order as to costs //TRUE COPY/i SDI A.H.S. GOWRI SHANKAR TANT REGISTRAR A ECTION OFFICER \ \ To, 1 . The State of Telangana, Represented by its Principal Department, Secretariat, Hyderabad. retary. Home

2. The Director General of Police, State of Telangana, Hyderabad' 3. The Cornmissioner of Police, l-lyderabad,Telangana ' 4ThelnsoectorofPolice,EQWTeam-V,CentralCrimeStation,Detective Departrhent. Basheerabagh. Hyder. lhad, Telangana 5. One CC to Sri K. B. Ramanna Dora, Advocate [OPUC] 6. Two CCs to GP for Home, High Court for the State of Telangana' at Hyderabad [OUT]

7. Two CD CoPies q TJ GJ HIGH COURT DATED:19106t202s I I I I l I I I ORDER WP.No.16667 of 2O2S 2 5 sEP 20tr DISPOSING OF THE WRIT PETITION WITHOUT COSTS o