FEDBANK FINANCIAL SERVICES LTD v. STATE OF KARNATAKA
WP/30942/2025 · 2025-10-14
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40063 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40063 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40746 WP No. 30942 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30942 OF 2025 (GM-POLICE) BETWEEN:
FEDBANK FINANCIAL SERVICES LTD., KENGERI BRANCH, REP. BY ITS AUTHORISED SIGNATORY/ SENIOR AREA MANAGER PALASKSHAPPA. B.S, S/O SIDDARAMAPPA. B, AGED ABOUT 42 YEARS 1ST MAIN ROAD, SUBHASHNAGAR, KENGERI SATELLITE TOWN, ABOVE APOLLO PHARMACY, BENGALURU - 560 060. …PETITIONER (BY SRI. CHANDAN K.,ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001
2.
DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE POLICE HEADQUARTERS NO 2, NRUPATUNDA ROAD BENGALURU - 560 001.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:40746 WP No. 30942 of 2025
3.
THE COMMISSIONER OF POLICE, INFANTRY ROAD, VASANTH NAGAR BENGALURU - 560 051.
4.
INSPECTOR OF POLICE, KENGERI POLICE STATION, BENGALURU, REP. BY STATE PUBLIC PROSECUTOR, DR. AMBEDKAR VEEDHI, HIGH COURT UNIT, BENGALURU - 560 001. …RESPONDENTS (BY SMT. K.P. YADHOSHA, AGA FOR R1 TO R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO. KENGERIPS/CRNO-489/2025 DATED 09.10.2025 ISSUED BY THE R-4 VIDE ANNX-B AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for respondents No.1 to 4.
2. The petitioner is before this court seeking for the following reliefs: i. Allow the writ petition by issuing writ of certiorari by quashing the impugned notice bearing
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HC-KAR NC: 2025:KHC:40746 WP No. 30942 of 2025
No.KENGEIPS/CRNO-489/2025 dated 09/10/2025 issued by the 4th respondent vide Annexure-B. ii. Pass such other orders or to issue such other directions as deemed fit in the peculiar facts and circumstances of the case, in the interest of justice and equity.
3. The apprehension on the part of the petitioner is that the gold ornaments which have been pledged with the petitioner may be seized by the respondents during the investigation in Crime No.489/2025 under which a notice has been issued to the petitioner to appear.
4. Submission of the learned counsel for the petitioner is that the petitioner would cooperate with the respondent authorities in the investigation process. However, the gold ornaments which have been pledged ought not to be seized.
5. The petitioner, in my considered opinion, cannot have such a grievance in view of Section 107(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Inasmuch as if any seizure is to be made of any stolen article, necessary application would have to be made before the
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HC-KAR NC: 2025:KHC:40746 WP No. 30942 of 2025
learned Magistrate and permission obtained. That being so, respondents cannot seize any article without such permission being obtained.
6. With the above observations, the writ petition stands
disposed of.
SD/- (SURAJ GOVINDARAJ) JUDGE
HDK List No.: 1 Sl No.: 50 CT: BHK