Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:5032-DB WA No. 1277 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 1277 OF 2024 (GM-POLICE)
BETWEEN:
1.
MUTHOOT FINANCE LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HEAD OFFICE AT MUTHOOT CHAMBERS OPPOSITE TO SARITHA THEATRE COMPLEX BANERJEE ROAD COCHIN- 682 018 HAVING ONE OF ITS BRANCH AT NO.5 AND 5/1 GROUND FLOOR, KALIDAS ROAD V.V. MOHALLA, MYSURU-570 002 REPRESENTED BY ITS AUTHORIZED OFFICER AND CHIEF MANAGER SRI AJUMON P. GEORGE.
…APPELLANT (BY SRI ANISH JOSE ANTONY, ADVOCATE) AND:
1.
STATE OF KARNATAKA REP. BY ITS SECRETARY HOME DEPARTMENT, VIDHANA SOUDHA AMBEDKAR VEEDI BENGALAURU-560 010.
Digitally signed by H K HEMA Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:5032-DB WA No. 1277 of 2024
2.
STATION HOUSE OFFICER SUBRAMANYANAGAR POLICE STATION NO.67, DR. RAJKUMAR ROAD 'E' BLOCK, 2ND STAGE RAJAJINAGAR, BENGALURU-560 010.
3.
SMT. VEENA ALIAS VEENA VIDYANAND W/O. SRI VIDYANAND S.M.
AGED ABOUT 52 YEARS RESIDING AT NO.312 VANSHIKA SWEVN APARTMENT DODDAKALLASANDRA BENGALURU-560 062.
…RESPONDENTS (BY SRI S.H. RAGHAVENDRA, AGA FOR R.1 AND R.2, SMT. MONICA M., ADVOCATE FOR SRI A. SAMPATH, ADVOCATE FOR R.3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 08.08.2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.15627/2024 (GM-POLICE) AND GRANT SUCH OTHER AND FURTHER RELIEFS, AS THIS HON'BLE COURT DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
- 3 -
NC: 2025:KHC:5032-DB WA No. 1277 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. Anish Jose Antony for the appellant, learned Additional Government Advocate Mr. S.H. Raghavendra for respondent Nos.1 and 2 and learned advocate Ms. M. Monica for learned advocate Mr. A. Sampath for respondent No.3.
2. The order sought to be challenged in this writ appeal filed under Section 4 of the Karnataka High Court Act, 1961 is the order dated 08.08.2024 which is admittedly an interim order passed in the pending Writ Petition No.15627 of 2024.
3. Since the order is an interim order, by its very nature does not determine the rights of the parties finally. By the said order, the parties are directed to maintain status quo and the court concerned
- 4 -
NC: 2025:KHC:5032-DB WA No. 1277 of 2024
was directed to consider the applications of the parties filed under Sections 451 and 457 of the Code of Criminal Procedure, 1973 and pass necessary orders.
4. The court does not find that the order brought under the appellate jurisdiction has any trapping of finality inasmuch as the proceedings of the writ appeal are pending at large on merits before learned Single Judge to be considered on merits. Not only that, there was direction by learned Single Judge to the court concerned to deal with the applications as aforesaid in accordance with law.
5. Unless the interim order has the trapping of finality or has the final effect on the rights of the parties, the jurisdiction of the court cannot be invoked.
6. No interference is warranted.
7. In the aforesaid view, without going into the merits, the writ appeal is dismissed.
- 5 -
NC: 2025:KHC:5032-DB WA No. 1277 of 2024
In view of dismissal of the appeal, interlocutory application, would not survive and stands accordingly disposed of.
Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (M.I.ARUN) JUDGE
VMB List No.: 1 Sl No.: 31