The High Court · 2025

Petition Under Articre 226 0I rhe constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be .....RESPONDENTS pleased to issue a writ, order or a direction, more particurarry one in the nature of writ of lvlandamus, declaring the action of the 4111 Respondent in issuing Notice dated 2910812025 U/Sec 94 BNSS, 2023 demanding the petitioner company to furnish the detairs of the roans of Respondent Nos.6 to g and directing the Petitioner Company not to hand over the pledged gold without having any authority and deliberatery making personar visits and extending threats to the employees of the Petitioner without any manner of right under the guise of investigation of arreged fraud without even sharing any of the information of such fraud and interference of the 5r11 respondent with the day{o-day business activities of the Petitioner's company without foflowing due process of raw as illegal, unwarranted. unsustainable, arbitrary, unconstltutiona l, against Law as well as principles of naturar justice and consequentry set aside the Notice dated 2910812025 U/sec. 94 BNSS, 2023 of the 5th Respondent and direct the Respondents not to interfere with the business activities of the petitioner without following due process of law. I.A.NO:1 OF 2 025 Petition Under section 'r51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondents Nos.2 to i 0 to consider the representation of the Petitioner dated 16.06.2025 for appointment of Junior Assistant officer r office subordinates and Lascar or any other equivarent category of post to the extent of 50% Vacancies earmarked as per G.O.Ms.No.gB, dated 1S.4..1986 G.o.tvis.No.45, dated 28-12.2020 under dispraced persons quota on regurar basis instead of filling the posts under the G.o.Rt.No.1403, dated 18.10.2024 otherwise, Petitioner wifl be put to irreparabre ross and hardship pending disposar of the writ petition. Counsel for the Petitioner : SRI K.B.RAMANNA DORA Counsel for the Respondent Nos.1 to 5 : AGp FOR HOME Counsel for the Respondent Nos.6 to 9 : _ The Court at the stage of admission made the following ORDER .ffi "'a.:,/ 'i1 THE IIONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR w.P. No.26s68of 2o2s ORDER: Heard the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage itseif 2 This writ petition is filed questioning the action of the 4th respondent in issuing notice dated 29.OB.2O2S under Section 94 of BNSS, 2023 demanding the petitioner company to lurnish the details of the loans of respondent Nos.6 to 9 and directing the petitioner company not to hand over 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 lvithout even sharing any of the information of such fraud ancl interference of Srh respondent with day to day business activities of the petitioner's company without following due process of iaw as illegal, unwarranted, unsustainable, arbitrary, unconstitutional, against law as well as principles of natural justice and consequently, set aside the Notice d,ated, 29.Og.2O25 under Section 94 of BNSS, 2023 of the 5e respondent and direct the respondents not to interfere with the business activities of the petitioner. 2 pledging/mortgaging

3. The brief facts of the case are that the petitioner rs represented by its Senior Legal Manager is a company incorporated under the provisions of Companies Act and has license to deal with finance business including sanction of loans basically on gold and having branches across the country' It is submitted that petitioner sanctioned gold loans to respondent Nos.6 to 9 from time to time against the pled'ge of gold ornaments as security, as per the RBI guidelines' The 4fr respondent served notice under Section 94 of BNS' 2023 d'ated 29 'OB'2O25 and 30.08.2025 to the petitioner's branch at Chennur Branches and sought details of pledges by respondent Nos 6 to 9 and further demalded to hand over all ornaments without even mentioning details of the petitioner company nor of any branch and informing that theY are rnvestigating a framd case alleged to have been committed at SBi Chennur Branch and in connection with Crime No.219 of '2025 before P'S Chennur directing the petitioner company to hand over the gold items to the Sth' respondent and trying to seize the same for their investigation purpose which were deposited by respondent Nos'6 to 9 by availing loans by pledging go1d. lt is furtkrer submitted that the police have no right to seize the gold, and issued the impugned notice and irigh handedly trying to seize the gold even without payment of loan amounts and that petitioner has rtgconnection or involvement with respect to the allegations that took place in S B I Chennur Branch' It is further w a 1 I I I l J premises). submitted that the police have forcibly obtained undertaking to close the branch or else threatened the branch manager would be arrested. Questioning the same, the present writ petition is frled. 4. The learned Government pleader for Home has placed the instructions submitted by Assistant Commissioner of police, Jaipur wherein it is submitted that the petitioner is a company incorporated under the Companies Act, 1956 and having its brarch ofhce at Manchiryala (hereinafter referred as ,subject Learned Government pleader further submits that Regional Manager, State Bank of India, RBO, Mancherial has given complaint to the Station House Officer, Chennur police Station, Chennur requesting to lodge F.I.R and conduct deep investigation against their absconding staff Mr. Narige Ravinder working as senior associate and cash in charge of Chennur Branch, SBI for embezzlement of Cash and Gold ornaments belonging to general public of Chennur town and surrounding villages amounting to Rs. 1,1O,27,617/ and. Rs. 12.61 Crores (approximately) respectively and stated that there are serious lapses and irregularities committed by the said staff and in the complaint details have been mentioned' It is submitted that they have arso verified the account statements of the concerned staff, family members to trace out the tralsactions mis-appropriation of the above said said members were involved and on account of found that the funds and 4 supported in d.iversion of the funds' Pima-facie they suspected that the transactions were started around October' 2024 onwards' The said transactions were routed from the suspects accounts during the period from 01 10'2O24 to 20 O8'2O25' lt is submitted that upon verifrcation of the account statements of the members involved, they have found that some other members were also involved. in cliversion of the funds' u'ho are not having accollnts with SBI, to frnalize tkre value of the frnancial tralsactions Based on the said complaint' Crime No'219 ol 2025 for the offences under Sections 318 (4),316 (5), 314,61(2) (b),306, 3|7 (2\ readwith 49 of BNS and Sections 65' 66'C' 66 (D) of ITA 2000-2008 was registered against A-l' A-2' A-3' A-5' A-6' A-7 and others on the hle of Chennur Police Station' During the course of investigation' the Assistant Commissioner of Police' Jaipur examined 4l witnesses ald' collected documentary evidence and as of now 48 accused are invoived in this case On 30'08'2O25 A-l to A-13 were arrested and sent to judicial remand' The above accused were arrested and produced before the Court of 'ludicial First Class Magistrate at Chennur and the learned Magistrate remanded them to judicial custody' It is submitted that since the accused have pledged gold and obtained loan from the petitioner company' the investigating ofhcer issued notice under Section 94 BNSS' 2023 dated 29.O8'2025 d'irecting the petitioner to lurnish the details ot for further investigation The petitroner loal account holders / /., w I 5 having received the above notice, without complying the said notice, fi]ed the present writ petition. It is further submitted that except issuing the notice seeking details ol loan accounts of the persons who pledged stolen gold with the petitioner, the investigation officer has not directed the petitioner to close his office and there is no such mention in the impugned notice also. It is further submitted that during the investigation, the investigation officer identified 19S gold loans obtained by the accused persons and so far the investigation ofhcer recovered stolen gold in 175 golcl loans and remaining gold from hnance companies and details of 175 gold loans have been extracted. It is further submitted that except the petitioner all other hnance companies have handed over the stolen gold pledged by the accused persons in the above crime. It is further submitted that accused have pledged l O gold loans with the petitioner finance company and to avoid halding over of the said gold pledged by the accused persons, the petitioner intentionally without co-operating with the investigation ofrrcer and Ieveling allegations that the police are forcing the finance company authorities to close it and the same are baseless. 5 In that view of the matter, this writ petition is disposed of directing the petitioners to co_operate with the respondent authorities and comply to the notice dated 29.0g.2025 issued by the respondents for proceeding with further investigation upon I 6 which the concerned investigation offrcer shali take up the investigation strictly in accordalce with law' It is made clear that during the course of investigation, the petitioner's branch may continue its operations without causing any inconvenience to the investigation. There shal1 be no order as to costs' Asa sequel, misceilaneous appiications, if any pending' sha11 stand closed. //TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR sec#Porrrcen To '1. The Principal Secretary, Home Department, Secretariat, State of Telangana at Hyderabad

2. The Director General of Police, State of Telangana, Hyderabad. 3. The Superintendent of Police, Mancherial District. 4. The Assistant Commissioner of Jaipur, Mancherial District. Telangana. 5. The Station House Officer, Chennur (Town) Police Station, Mancherial. 6 Two CCs to GP FOR HOIVE, High Court for the State of Telangana at 7. One CC to SRI K.B.RAIMANNA DORA, Advocate [OPUC] 8. Two CD Copies Hyderabad. [OUT] Telangana. SA BS 19- I I I : I I C.C. TODAY HIGH COURT DATED:09 t09t2025 l i i I ! I I I ORDER WP.No.26568 of 2OZs i !i F- b & ( ) I li SEP z|ffi ,'1 i:l:1.;.:,- -)= / DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1o HlN