The High Court · 2025

petition under Articre 226 0f rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any writ or order or direc.tion more part particurarry one in the nature of Writ of Mandamus, by calling records, declaring the action of the respondent No. 3 to 5 in crosing the petitioner branch at chennur, Market Road, Manchiryal Dist., by craiming to be rerated to the crime No.219 of 202s on the fire of R3, as ifiegar, void, arbitrary, nufl, urtravires, unathorised and unconstitutionar and consequenry direct the respondent No. 3 and 5 to not to interfere with the day to day business activities of the petitioner. IA NO: 'to F 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondent No. 3 to 5 not to interfere with the day to day banking activities of the petitioner branch at Chennur, Market Raod' Manchiryal' under the pretext of crime No.21g of 2025 0 n the fire of R3, pending disposar of the above writ petition. Counsel for the Petitioner: SRI GOPALA RAO AMANCHARLA V Gounsel forthe Respondent Nos'1 to 5: GP FOR HOME Counsel for the ResPondent No'6:-- The Court made the following: ORDER i ! I I i ! : I t I i l i I i I THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR w.P. No. 266L6 of 2025 ORDER: 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 filed questioning the action of the respondent Nos.3 to 5 in closing the petitioner branch at chennur, Market Road, Manchiryar District by claiming it to be related to crime No.219 ot 2025 on the file of respondent No.3, AS illegal, void, arbitrary, null, ultravires, unauthor ized and uncons trtu tional and consequently, seeking a direction to respondent Nos.3 to S not to interfere with the day to day business activities of the petitioner.

3. The facts in brief as stated are that the petitioner is a company incorporated under the Companies Act, 1956 and also registered as Non-Banking Finance company (NBFC) with the Reserve Bank of India' primarily the petitioner is in the business o. facilitation of roans against the security of gold ornaments to its customers, on application and after due process of verification of identity and valuation of the securit5z. The respondent No.6 has police complaint on 23.Oa.2O25 alleging that one of their officers Ravinder, Senior Associate 1S absconding from their duties from 21.O8.2025 and further alleged that he absconded with cash and gold belongings to surrounding villagers amounting to Rs. 1 . 1o Crore (approximately) and Rs. 12.67 Crore (approximately) respectivcly. It is namely Mr. Narige lodged 2 further submitted that the oflicer has committed serious lapses and he is involved in such activities since October ' 2024 ' Based on the complaint filed by respondent No 6' respondent No's registered a F.LR.No.2 i9 ol 2022 dated 23'O8 2O25 under the provisions of Sections 318 (4), 3i6 (5), 314' 6l (2) (b)' 306' 371 l2l re ad with 49 ol BNS and Section 65, 66 (c)' 66(D) of IT Act' It is further submitted that respondent No'3 issued notice dated 23 08 '2025 to the petitioner's branch requesting to handover the loan accounts on sur:h notice, the pertaining to 3 customers of the petitioners' petitioner's branch manager handed over all the details of the said roan accounts to rhe respondent No.3 and furiy co-operating with the invesligation. Inspite o[ that respondent Nos'3 to 5 without any right or authority closed the petitioner's branch uniiateraily on 24'08 2025 q,'ithout any notice' It is further submitted that police started harassing the officers of the petitioner company for surrendcr of the pledge under movable goid arlicles, which are under secuntY the Petitioner company to contract and insisting articles, knowing fully well about the loan account same , the present u'rit petition is filed' bring the gold Questioning thc

4. The learned Government Pleader for Home has placed the instructions submitted by Assistant Commissioner of Police' Jaipur wherein it is submitted that the Regional Manager'' State Bank of India, RBO, Manclr'erial has given complaint to the Station House Officer, Chennur Police Station' Chennur requesting l-o lodge F I R and I I i I , 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 viilages amounting to Rs. 1,10,27,672 /_ 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 further submitted that they have also verified the account statements of the concerned staff, family members Lo trace out the transactions on account of mis_appropriaLron of Lhe above said funds and they found that the said members were rnvolved and supported in diversion of the funds. pima_facie they suspected that the transactions started around October, 2024 onwards and the transactions were routed from the suspects accounts during the period from O1.1O.2O24 to 2O.OS.2O25. It is submitted tha[ upon verilication of the account statemenLs of the members involved, they have found that some other members were also involved in diversion of the funds, who are not having accounts with SBl, to finalize the value of the financial transactions. Based on the said complaint, Crime No.219 of 2025 for the offences under Sections 31g (4), 316 (S), 374, 67 (2) (b), 306, 3lZ (2)read wirh 49 of BNS and Sections 65, 66_ C, 66 (D) of ITA 2OOO-2008 was registered against A_1, A_2, A_3, A-5, A-6, A-7 and others on the file of Chennur police Station. During the course of investigation, the Assistant Commissioner of police, Jaipur examined 4l witnesses and coliected documentary evrdence 4 'L , and as of now 48 accused are involved in this case' On 30'08'2025 A-1 to A-13 were arrested and sent to judicial remand' The above accused were arrested and produced before the Court ol Judicial First Class Magistrate at Chennur and the learned' Magistrate remanded them to judicial custody lt is submitted that since the accused have pledgcd gold and obtarncd loan from the pe titi'oner company' the investigating officer issued notice under Section 94 BNSS' 2023 dated 23.Oa.2O24 directing the petitioner to furnish the cletails of loan accounl holders for furthcr investigation pertaining to A-4 to A-6' The petitioner having received the above notice' without complying the said notice, filed the present writ petition lt is further submitted that except issuing the notice seeking details of loan accounts of the persons who pledgecl 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 lt is furLher submitted that during the investigation, the investigation officer ident-ihed 195 gold loans obtained by the accused persolls atrd so lar the investigation ofticer recovered stolen gold in 175 gold loans and remainrng gold from finance companies and details of 175 gold loans have been cxtracLed and submitted that in the above loans total 17'5 Kgs gold was recovered from the above mentioned ltnance companies' It is further submitted that from the petitioner hnance companies gold about 1 142.02 grams gold is yet to be recovered lt is lurther submitted that the accused have pledged stolen gold of sBI customers and obtained 1O gold loans from the petitioner finance company and I I i I 5 to avoid handing over of the said gold pledged by the accused persons, the petitioner intentionally closed the finance company without co_ operating with the investigation officer and are levelling a,egations that the police are forcing the finance company authorities to close it and the same are baseless

5. The learned counsel for the petitioner submits that respondent authorities have closed the premises of the branch office at Chennur which is causing inconvenience to the other customers and that thev are ready to co-operate with the investigation. Learneci counser for the petitioner submits that they are rcady to opcn thc premiscs in thc presence of Regional Matlager or any persolt deputed on behalf of the Regional Manager. I

6. On the otherhand, learned Assistant Government pleader for Home submits that subsequent to the issuance of the notice under Section 94 of BNSS dated 23.Og.2024 the petitioner themselves have closed the premises whereby the respondents are unable [o take further steps to proceed with the investigation.

7. In that view of the matter, this writ petition is disposed of directing both the parties to open the petitioner branch at Chennur, Market Road, Manchiryal District, in the presence of concerned respondent officials and the Regional Manager of the petitioner company or representative on his behatf, at o3:oo pM on 10.o9.2o25 by way of videographing ald the concerned investigation ofhcer shall 6 take up the invesligation and record the details by following due procedure as conlempiated under law The petitioner is clirected to co- operate with the investigation' It is also made clear that during the course of investigation, the petitioner's branch may continue its operations without causing any inconvenience to the investigation There sha[1 be no order as to costs Asa sequel, miscellaneous applications, il any pending' shall stand closed SD/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR //TRUE COPY// SEC N OFFICER To, 1 The principal Secretary, Dept of Home' Secretariat' The State of Telangana' Hyderabad.

2. The Director General of Police, The DGP Office' Lakdikapool' Hyderabad 3. The Asst Commissioner of Police, Jaipur Division' Manchiryal Dist'

4. The Sub-lnspector Of Police, CCS' Manchiryal' 5. The Station House Officer, P S'Chennur' Chennur' Manchiryal Dist 6. One CC to Sri Gopala Rao Amancharla V' Advocate [OPUC] T.TwoCCstoGPforHome,HighCourtfortheStateofTelangana'at Hyderabad [OUT] ' B. Two CD CoPies TJ PVL HIGH COURT CC TODAY DATED:0910912025 ORDER WP.No.26616 of 2025 ::::: THi: S I,q Y l 1 i sEP 2[25 !l;'i\,- DISPOSING OF THE WRIT PETITION WITHOUT COSTS / ,// .ts v /4,f l I I ! i I a'