THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.P. No.26568 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 4th respondent in issuing notice dated 29.08.2025 under Section 94 of BNSS, 2023 demanding the petitioner company to furnish 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 without even sharing any of the information of such fraud and interference of 5th respondent with day to day business activities of the petitioner’s company without following due process of law as illegal, unwarranted, unsustainable, arbitrary, unconstitutional, against law as well as principles of natural justice and consequently, set aside the Notice dated 29.08.2025 under Section 94 of BNSS, 2023 of the 5th 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 is 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 pledging/mortgaging 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 pledge of gold ornaments as security, as per the RBI guidelines. The 4^th respondent served notice under Section 94 of BNS, 2023 dated 29.08.2025 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 demanded to hand over all ornaments without even mentioning details of the petitioner company nor of any branch and informing that they are investigating a fraud 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 5^th 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 gold. It is further submitted that the police have no right to seize the gold, and issued the impugned notice and high handedly trying to seize the gold even without payment of loan amounts and that petitioner has no connection or involvement with respect to the allegations that took place in S.B.I.Chennur Branch. It is further 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 filed.

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 branch office at Manchiryala (hereinafter referred as ‘subject premises’). 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.1,10,27,617/- 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 also