The High Court · 2025
Case Details
Acts & Sections
The Muthoot lvloney Ltd., Chunnambatti Branch, fvlanchertal District, Telangana, Rep. by its Branch Manager G.Ramesh S/o.G.Sattaiah Aged about. 34 years, Occ. Branch Manager Sunnambatti Branch, Ryo. Sri Sri Nagar, Mancherial, Telangana. ...PETITIONER ANO
1. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. Telangana.
2. The Director General of Police, State of Telangana, Hyderabad. 3. The Superintendent of Police, Mancherial District. 4. The Station House Officer, CCS, Mancherial Police Station, Mancherial, 5. Beeresh Kongondi, S/o.Rajaiah, Aged about. 28 years, Occ. Private Employee, Ryo. H.No. 4-8212, Shetpally, Jaipur, Mancherial, Telangana- 504216: ' '. '--"-- .-. .--'l 6. Kodati Rajashekar, S/o. Swami, Aged about. 30 years, Occ. Private . Employee. R:/o. H.No. 13-439, Shanthi Nagar. Ramakrishnapur, Adilabad, Telanclana-504301 , ; . ': ..' ' '' '': .'' -- -. 7. Botli Kishan Kumar, Sio. Laxmaiah. Aged about. 29 years, Occ. Private Employee, Rl/o. H.No- 13-102, Shanthi Nagar. Ramakrishnapur, Adilabad, Telangana-504301. - ...RESPONDENTS 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 in issuing the Notice claim 2210912025 demanding the Petitioner Company to furnish the details of the loans of Respondent Nos.5 to 7 and directing the Petitioner Company not to release the pledged gold without having any authority and deliberately making personal visits and extending threats to the employees of the Petitioner io hand over the gold ornaments withoul a r I manner of right under the guise of investigation of alleged fraud without eve' sharrng any of the information of such fraud and interference of the 4th responrl 'nt with the day-to- day business activities of the Petitioner's company vvili rut following due process of law as illegal, unwarranted, unsustainable, arbitr;r ,, unconstitutional, against Law as well as principles of natural justice and cor: ':quently s;et aside the Notice daled.22l08l2o25 of 4th Respondent and direct t- : Respondents not to interfere with the business activities of the Petitioner wi tout following due process of law lA NO: 1 OF 2025 PetitionUnderSectionl5lCPCprayingthatintheci;umstancesstated in the affidavit filed in support of the petition, the High court nay be pleased to direct the Respondents not to arrest including not to take .ny coercive steps against the Petitioner company, not to interfere with the t L r;iness activities of the Petitioner company under the guise of Notice dated 2/08/2025 without following due process of law Counsel for the Petitioner: SRl. K B RAMANNA DORA Counsel for the Respondent Nos. 'lto4: GP FOR HOME Counsel for the Respondent Nos. 5to7:- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR ORDER: W.P. No.25929 of 2O2$ Heard the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage itself.
2. This writ petition is hled questioning the action of the 4rh respondent in issuing notice dated 22.Oa.2O25 demanding the petitioner company to furnish the details of the loals of respondent Nos.S to 7 and directing the petitioner company not to release the pledged gold without having any authority and deliberately making personal visits and extending threats to the employees of the petitioner without any manner of right under the guise of investigation of alleged fraud without even sharing any of the information of such fraud and interference of 4ft respondent with day to day business activities of the petitioner's company without foilowing due process of law as illegal, unwarralted, unsustainable, arbitrary, unconstitutional, against law as well as principles of natural justice and consequently, set aside the Notice dated
22.08.2025 of the 4n respondent and direct the respondents not to interfere with the business activities of the petitioner.
3. The brief facts of the case are that the petitioner 1S represented by its Branch Manager 1S a company incorporated 2 . under the provisions of compa,ies Act and has lict :rse to dear with Itnance business including salction of 1oau, basically on pleciging/ mortgaging gold and havrng branches ac! ,ss the countrr,. It is submitted that petitioner salctioned golrl loa _ ; to respondent Nos.S to 7 from timc to time against the pledge ,t .1o1c1 ornaments as security, as per the RBI guidelines. The 4th rcs :ondent sened notice dated 22.OA.2O25 to the petitioner,s bra:r h arrd sought details of pledges by respondent Nos.S to 7 and fi r ,her demandecl to furnish the details of the borrowings rvithout ,r en menl ioning details of the petitioner colnpally rror o-f an5, brancl anC informing that they are investigatiiiI fraud- case .allcgr:rl to have been committed at SBI Chennur Branch elg in connect ,)n ,.i,ith Crime No.219 of 2O2S before p.S. Chennur directing the petitioner company to hand ot er the gold items to thc 4th - spondent and trying to seize the same for their investigation purl r se vvhich were deposited by respondent Nos.S to 7 by availing 1o:r ,s b.\, pleclging gold. It is furthcr sutrmitted that the police have r I right to seize the gold, arrd issued the impugned notice and high : rndedly r rying to seize the gold even without payment of loan am: rnts and that petitioner has no connection or inwolvement with :spect to the allegations that took place in S.B.I.Chennur Bran<:]r the same, the present writ petition is filed. Questioning i I I I i ,
4. The learned Government pleader for Home has piacecl the instructions submitted by Assistant Commissioner ol. police, Jaipur wherein it is submitted that in compliance with the notice dated 22.08.2025 issued by the Sub-rnspector of police, ccS, Mancherial, the petitioner handed over the pledged gold ornaments u.,eighing about 41.1 grams (pledged by A_6) and 220.3 grams (pledged by A_ 4) under cover of seizure pa.cha,ama dated o1.o9.202s and the same was deposited before the Court of Hon,ble Judicial Magistrate of First Class, Chennur vide Form No.60, dated 0g.09.2025. It is further submitteil that sincc the petitioner has complied with the notice, no further cause suivives in thc writ petition.
5. In that view of the rhatter, since the petitioner has already complied to the notice dated 22.0g.2025 and the case property has been seized under the cover of panchanama and deposited before the court of Judicial Iviagistrate of First class at chennur, this r,t rit petition is disposed of i,ith consent granting liberty to the petitioner to pursue his remedies as available under 1aw. There shall be no order as to costs As a sequel, miscellaneous applications, if any pending, shall stand closed. SD/. A. JAYASREE ISTANT REGISTRAR /iTRUE COPY// CTION OFFICER To,
1. The Principal Secretary, Home Department, Secretariat, T.S.,,Hyderabad 2. The Director General of Police, State of Telangana, Hyderabad. 3. The Superintendent of Police, Mancherial Distiict. 4. The Station House Officer, CCS, Mancherial Police Station, M ancherial, - -l-ela!sa!a.-.-","_-- 5- One CC to SRI, K B RAMANNA DoRA Advocate IoPt j ,] 6. Two CCs to GP FOR HOME ,High Court for the State I ielangana. [OUT] 7. Two CD Copies B IVI t-w HIGH COURT DATED:0910912025 \ ORDER WP.No.25929 of 2025 f ,trft' '/'< \ .,r -I /,:, ti< ti.r \\-/1 . EI TA b riR 7r1s I \:: * ) DISPOSING OF THE WRIT PETITION WITHOUT COSTS \0 o .o?tet \(-r-effi