- 1 - HC-KAR NC: 2025:KHC:27744 WP No. 21838 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21838 OF 2025 (GM-POLICE) BETWEEN: MUTHOOT FINANCE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 REGISTERED OFFICE AT MUTHOOT CHAMBERS, OPP. SARITHA THEATRE COMPLEX, BANERJEE ROAD, KOCHI - 682 018, HAVING ONE OF ITS BRANCH AT 1ST FLOOR, NO.388/408, MARATHI COMPLEX DABASPET LAND MARK, CANARA BANK BUILDING, BANGALORE RURAL - 562 111, REPRESENTED BY ITS CHIEF MANAGER MR. AJUMON P. GEORGE. …PETITIONER (BY SRI. ANISH JOSE ANTONY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE STATION HOUSE OFFICER/ INSPECTOR OF POLICE, NELAMANGALA TOWN POLICE STATION, BENGALURU RURAL, KARNATAKA - 560 056. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA) Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27744 WP No. 21838 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DECLARE THAT THE INTERFERENCE BY THE RESPONDENTS IN PETITIONER BUSINESS FOR FORCEFULLY SEIZING THE GOLD ARTICLES PLEDGED BY IT COSTUMERS IS ARBITRARY AND IS IN VIOLATION OF FUNDAMENTAL RIGHTS GUARANTEED UNDER ARTICLE 14 AND 19(1)(g) OF THE CONSTITUTION OF INDIA IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought certain reliefs including issuance of the writ of mandamus for direction to Respondent No.2 not to seize gold articles from the petitioner pursuant to Annexure-E/Notice issued by Respondent No.2 in terms of the order passed by the Apex - 3 - HC-KAR NC: 2025:KHC:27744 WP No. 21838 of 2025 Court in the case of MUTHOOT FINCORP LIMITED Vs. SHO AND OTHERS1. 2. Learned counsel appearing for the petitioner submits that the respondent-police have been interfering in business of the petitioner and are attempting to seize the gold articles pledged by the customers by resorting to exercise the power under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is submitted that the petitioner has given explanation regarding details of the gold articles pledged, but, however, the police authorities intend to seize the said articles. 3. Learned counsel for the petitioner draws attention of this Court to the directions of the Apex Court, which order is annexed at Annexure-H. 4. The learned AGA submits that the petition may be disposed of on the same terms as the directions of the 1 Criminal Appeal No.1026 of 2024 - 4 - HC-KAR NC: 2025:KHC:27744 WP No. 21838 of 2025 Apex Court, subject to petitioner also filing an Undertaking. 5. The order of the Apex Court passed in Crl.A.No.1026 of 2024 at paragraph Nos.3, 4 & 5 reads as follows: "3. On the last date, we expressed our prima facie view that there was no justification for taking action under Section 91 of the Code of Criminal Procedure, 1973 (for short 'the CrPC'). 4. There is an additional affidavit dated 16.02.2024 filed by the authorized officer of the petitioner, Shri Amit Kumar Narang. Paragraph '4' of the said affidavit incorporating the undertaking, which reads thus: "4. That the Petitioner respectfully prays to this Hon'ble Court to set aside the Impugned Order dated 15.06.2023 passed by the Hon'ble High Court of Kerala at Ernakulam in WP (C) No. 4332/2021, the Impugned Order dated 21.06.2023 passed by the Hon'ble Division Bench of the High Court of Kerala at Ernakulam in WA No. 1184 of 2023 and the Impugned Notice dated 15.02.2021 issued under Section 91, CrPC (Annexure P-14 to the Special Leave Petition), and permit the Petitioner to retain custody of the ornaments pledged with it (including those that are claimed to be the case property). regard, this In the Petitioner unequivocally undertakes as under: - 5 - HC-KAR NC: 2025:KHC:27744 WP No. 21838 of 2025 (i) That the Petitioner shall produce the pledged ornaments as and when called by the Investigating Officer/Respondent No. 1 for inspection of the same, and also permit taking photographs and making the panchnama, if so required. (ii) That the Petitioner shall produce the pledged ornaments before the concerned Court as and when directed by the concerned Court in relation to the FIR/ Crime No. 53/2021 dated 09.02.2021. (iii) That the Petitioner shall not handover the pledged ornaments to the pledgor (Respondent No. 3) or any other person representing him or permit redemption the pledges, without prior permission from the concerned Court trying the FIR. of (iv) That the Petitioner shall not sell, dispose of, or part with possession of the pledged ornaments without prior permission from the concerned Court trying the FIR." 5. The undertaking of the petitioner is taken on record. A copy of the undertaking shall be forwarded by the Registry to the Trial Court. 6. The directions of the Apex Court are clear. In the light of the stand of the learned AGA, taking note of the contents at (i) to (iv) extracted above, in terms of which, petitioner to file an Undertaking in the form of an affidavit within one week from today, petition would be - 6 - HC-KAR NC: 2025:KHC:27744 WP No. 21838 of 2025 disposed of. Needless to state the procedure stipulated at (i) to (iv) to be strictly adhered to, by both the parties. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DH List No.: 2 Sl No.: 14 CT: BHK