- 1 - HC-KAR NC: 2026:KHC:7919 WP No.16026/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.16026/2024 (GM-POLICE) BETWEEN: MUTHOOT FINANCE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HEAD OFFICE AT MUTHOOT CHAMBERS OPP. SARITHA THEATRE COMPLEX, BANERJEE ROAD, KOCHI - 682 018 HAVING ONE OF ITS BRANCH AT NO. 10 AND 11 AREKERE MAIN ROAD, OFF B G ROAD, AREKERE BANGALORE - 560 076 REP. BY ITS AUTHORIZED OFFICER AND CHIEF MANAGER, SRI. 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 HULIMAVU POLICE STATION, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7919 WP No.16026/2024 CAVE TEMPLE ROAD, MAIN BUS STOP PAI LAYOUT, HULIMAVU, BENGALURU KARNATAKA - 560 076. 3. NANAKRAM S/O LATE PUKARAM AGED ABOUT 55 YEARS R/AT NO. 86, 325/1 BALAMURI GANESHA TEMPLE ROAD BANNERGHATTA ROAD HULIMAVU BENGALURU - 560 076. …RESPONDENTS (BY SMT.SARITHA KUKARNI, AGA , ADVOCATE; SRI.H.N.VENKATESH, ADVOCATE FOR APPLICANT IN IA NO.2/2024) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. CALL FOR RECORDS OF THE ANNEXURE D, ANNEXURE E. ANNEXURE F, ANNEXURE G, ANNEXURE H AND ANNEXURE J NOTICES ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER U/S 41A OF CRPC BEARING COMMON NUMBER HMPS/CRNO/273/2024 DATED 19.06.2023 AND QUASH THE SAME INTEREST OF JUSTICE AND EQUITY. B. CALL FOR THE RECORDS OF THE ANNEXURE K NOTICE ISSUED BY THE 2ND RESPONDENT U/S 91 OF CR.PC BEARING NUMBER HMPS/CRNO/273/2024 DATED 19.06.2023 AND QUASH THE SAME INTEREST OF JUSTICE AND EQUITY. C. DIRECTION TO BE ISSUED TO THE RESPONDENTS TO NOT SEIZE THE GOLD ARTICLES FROM THE PETITIONER BUT CAN ONLY EXAMINE THE SAME BY SUMMONING IT FOR THE PURPOSE OF INVESTIGATION IN CRIME NO.273/2024 VIDE ANNEXURE C DATED 13/06/2024. - 3 - HC-KAR NC: 2026:KHC:7919 WP No.16026/2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is a Company incorporated under the Companies Act, 1956 and is served with notices under Section 41A of the Code of Criminal Procedure, 1973 [for short, 'Cr.P.C']. The petitioner is also served with notices under Section 91 of Cr.P.C. If the notice under Section 91 of Cr.P.C. is issued calling upon the petitioner to produce video clippings, audit report and certain other documents, the notice under Section 41A of Cr.P.C. is issued calling upon the petitioner to deposit jewellery pledged with it. This Court, on 20.06.2024, has granted interim order staying the operation of these notices. Sri Anish Jose Antony, the learned counsel for the petitioner, submits that the provisions of Section 41A of Cr.P.C. cannot be invoked to seize objects and - 4 - HC-KAR NC: 2026:KHC:7919 WP No.16026/2024 the notice under this provision is issued for due compliance. Sri H.N.Venkatesh, the learned counsel for the applicant at whose instance the penal proceedings are initiated, submits that because of this Court's interim order the petitioner's representative has prevailed upon the Investigating Officer to stop investigation and that the Investigating Officer must necessarily look into the circumstances to justify the assertion that the stolen jewellery is pledged with the petitioner. This Court, in the present petition, is not called upon to decide on the merits of the allegations made against the petitioner/its representative as the petitioner's grievance is with invoking the provisions of Section 41A of Cr.P.C. for production of documents. The Section 41A of Cr.P.C. reads as under: "41A: Notice of Appearance before police officer: (1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, - 5 - HC-KAR NC: 2026:KHC:7919 WP No.16026/2024 issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice . (2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice." It follows from these provisions that if the addressee appears as required in the notice, there will be compliance with the terms of the notice and when the person complies, or continues to comply with the terms of the notice, he/she cannot be arrested unless for the reasons to be recorded by the officer. The officer must reason, in writing, why this person has - 6 - HC-KAR NC: 2026:KHC:7919 WP No.16026/2024 to be arrested. Further, it cannot be gainsaid that if the Investigating Officer proposes to seize objects, he could have recourse to Section 91 of Cr.P.C. and if there is failure to produce, then to take action to search and seize as permissible. This Court must therefore dispose of the petition observing that the second respondent must be at liberty to issue fresh notice for the purposes of investigation based on whether presence is required or jewellery has to be produced instead of issuing notice without application of mind. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 1 Sl No.: 30