Karnataka High Court
Muthoot Finance Limited vs State Of Karnataka on 27 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:14312
WP No. 107728 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 27TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 107728 OF 2025 (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 - 682 108
HAVING ONE OF ITS BRANCH AT
D.NO.184/1817/A1/184 WARD NO.10,
MUNICIPAL OFFICE, HARAPANAHALLI,
VIJAYANGAR DISTRICT, KARNATAKA 583 137,
REP BY ITS AUTHORIZED OFFICER
SHIVALINGAYYA I. PARADESHIMATH.
...PETITIONER
(BY SRI. ANISH JOSE ANTONY, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY ITS SECRETARY, HOME DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560 001.
Digitally
signed by
VISHAL
2. THE POLICE SUBINSPECTOR/
INVESTIGATION OFFICER,
NINGAPPA
PATTIHAL
VISHAL Location:
NINGAPPA High Court of
Karnataka
PATTIHAL
HARAPANAHALLI POLICE STATION,
Dharwad
Bench
Date:
2025.10.28
15:45:53
+0530
VIJAYANAGAR, KARNATAKA - 583 131.
...RESPONDENTS
(BY SRI. V.S.KALASURMATH, AGA FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
INTERFERENCE BY THE RESPONDENTS IN PETITIONER BUSINESS
ATTEMPTING TO FORCEFULLY SEIZE THE GOLD ARTICLES PLEDGED
BY IT COSTUMERS WITHOUT FOLLOWING THE PROCEDURES UNDER
SECTION 107 OF BNSS, 2023 IS ARBITRARY AND IS IN VIOLATION OF
FUNDAMENTAL RIGHTS GUARANTEED UNDER ARTICLES 19(1)(G) AND
21 AND THE CONSTITUTIONAL RIGHTS GUARANTEED UNDER ART
300A OF THE CONSTITUTION OF INDIA 1950. ISSUE A WRIT OF
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NC: 2025:KHC-D:14312
WP No. 107728 of 2025
HC-KAR
CERTIORARI FOR CALL FOR THE RECORDS OF THE ANNEXURE C
NOTICE DATED 10.10.2025 NUMBERED HA. VRUTHA/GUNNE
NO./60/2024 ISSUED BY THE 2ND RESPONDENT AND QUASH THE
SAME IN THE INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT OF
MANDAMUS TO THE 2ND RESPONDENT TO FOLLOW THE PROCEDURES
UNDER SECTION 107 OF BNSS 2023, IN THE EVENT THE 2ND
RESPONDENT INTENDENT TO SEIZE THE GOLD ARTICLES FROM THE
PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. Petitioner is before this Court seeking the following prayer:
A. Declare that the interference by the Respondents in petitioner business attempting to forcefully seize the gold articles pledged by it costumers without following the procedures under section 107 of bnss, 2023 is arbitrary and is in violation of fundamental rights guaranteed under Articles 19(1)(G) and 21 and the constitutional rights guaranteed under art 300a of the Constitution of India 1950.
B. Issue a Writ of Certiorari for Call for the records of The annexure C notice dated 10.10.2025 numbered ha. Vrutha/Gunne No./60/2024 issued by the 2nd Respondent and quash the same in the interest of justice and equity.
C. Issue a Writ of Mandamus to the 2nd Respondent to follow the procedures under section 107 of BNSS 2023, in the event the 2nd respondent intendent to seize the gold articles from the petitioner in the interest of justice and equity.
D And grant such other relief or directions as this Hon'ble Court deems fit the facts and circumstances of the case.-3-
NC: 2025:KHC-D:14312 WP No. 107728 of 2025 HC-KAR
2. The issue in the lis stands answered by judgment rendered by this Court in Writ Petition No.21838/2025 disposed of on 22.07.2025. The same reads as follows:
"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 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 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:1
Criminal Appeal No.1026 of 2024 -4- NC: 2025:KHC-D:14312 WP No. 107728 of 2025 HC-KAR
"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:
(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 -5- NC: 2025:KHC-D:14312 WP No. 107728 of 2025 HC-KAR 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 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."
3. In the light of the issue standing covered by the judgment passed by the Co-ordinate Bench of this Court (supra), on all its fours and on the same reasons, the subject petition also stands disposed.
Sd/-
(M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 58