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2026 DAILYLAW 29088 (KAR)

HINDUSTAN GOLD COMPANY v. STATE OF KARNATAKA

WP/21302/2026 · 2026-07-15

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010476512026 NC: 2026:KHC:36087 WP No. 21302 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21302 OF 2026 (GM-POLICE) BETWEEN: HINDUSTAN GOLD COMPANY A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.24, R.K TERMINUS BUILDING, BELLARY ROAD, GANGANAGAR, BENGALURU 560 032 REPRESENTED BY ITS AUTHORIZED SIGNATORY AND BRANCH MANAGER MR. NITHIN R, S/O RAJU, AGED ABOUT 27 YEARS …PETITIONER (BY SRI. NAZEEFA M. MULLA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE DISTRICT SUPERINTENDENT OF POLICE, TURUVANUR ROAD, CHITRADURGA, KARNATAKA 577 501 'LJLWDOO\VLJQHG E\6+:(7+$ 5$*+$9(1'5$ /RFDWLRQ+,*+ &28572) .$51$7$.$ - 2 - HC-KAR CNR: KAHC010476512026 NC: 2026:KHC:36087 WP No. 21302 of 2026 3. THE SUB INSPECTOR OF POLICE, KOTE POLICE STATION, DHAVALAGIRI EXTENTION BHIMASAMUDRA ROAD, CHITRADURGA - 577 501 …RESPONDENTS (BY SRI.DEVARAJ C H, GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 09.07.2026 ISSUED BY RESPONDENT NO.3, ADDRESSED TO PETITIONER AS FURNISHED AS ANNEXURE - E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR CNR: KAHC010476512026 NC: 2026:KHC:36087 WP No. 21302 of 2026 ORAL ORDER 1. Learned Government Advocate is directed to accept notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs: "a. To quash the notice dated 09.07.2026 issued by the Respondent No. 3, addressed to petitioner as furnished as ANNEXURE - ƪ b. Issue writ of mandamus directing the Respondent No.3/Police not to proceed with the notice dated 09.07.2026 and furnished as ANNEXURE - E. c. Pass an order thereby directing that during the pendency of this present petition, the Respondent No. 3 are restrained from taking any coercive action against the petitioner and not to interfere in to the day-to-day business of the petitioner in its office premises located at located at Hindustan Gold Company #24, R.K Terminus Building, Bellary Road, Ganganagar, Bengaluru 560 032 or at other places where the petitioner's employee have been working. d. Call for records in F.I.R in Crime No. 0142/2026 for the offences under the Section 316 (2) & 318 (4) of Bharatiya Nyaya Sanhita, 2023 registered with Respondent No.3/Hosadurga Police Station. e. Grant any other reliefs or directions as this Hon'ble Court deems fit with the facts and circumstances of the case." 3. The grievance of the petitioner is that the police notices have been issued by the respondent - police to the - 4 - HC-KAR CNR: KAHC010476512026 NC: 2026:KHC:36087 WP No. 21302 of 2026 petitioner seeking details of the gold articles, ornaments sold by unknown persons to the petitioner and it is contented that prior to respondent No.3 investigating the matter, earlier investigation had been made under Crime No.323/2026 by the Hosadurga Police Station and therefore, it is contented that there are two investigations, which are happening simultaneously. 4. Learned Government Advocate by referring to Annexure- E submits that during the investigation it has been ascertained that the gold, which is subject matter of the proceeding in Crime No.142/2026 registered by the Kote Police Station, Chitradurga, had been sold to the petitioner and it is in furtherance thereof that the investigation is going on. 5. This Court has dealt with the issues pertaining to the investigation in respect of theft of gold as also sale and pledge of gold, which is subject matter of criminal proceedings in IIFL Finance Ltd., vs. State of - 5 - HC-KAR CNR: KAHC010476512026 NC: 2026:KHC:36087 WP No. 21302 of 2026 Karnataka and anr.,1 and has held that it is for the petitioner therein to participate in the investigation and if the police authorities were to call upon the petitioner to produce the gold, subject matter of the criminal investigation, it is required for the gold to be produced. The rest of the aspects as regards the ownership or otherwise would have to be dealt with by the criminal Court seized of the matter. 6. The said decision would be equally applicable to the present matter and as such, the above petition stands dismissed directing the respondents to comply with the directions issued in IIFL Finance Ltd., (supra) and produce the gold. Sd/- (SURAJ GOVINDARAJ) JUDGE ND List No.: 1 Sl No.: 48 1 Writ Petition No.31057/2025, DD 04.02.2026