Manappuram Finance Ltd v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO. 4538 OF 2024 (GM-POLICE) BETWEEN:

MANAPPURAM FINANCE LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING REGISTERED OFFICE AT MANAPURAM HOUSE, A.O. VALAPAD, TRISSUR DISTRICT, KERALA - 680 567 HAVING ONE OF ITS BRANCH AT, CHAMARAJNAGAR, BUILDING NO. 7570, FIRST FLOOR, SHREE RAMA COMPLEX, OPP. ANJANEYA TEMPLE, SAMPIGE ROAD, CHAMRAJNAGAR, KARNATAKA - 571 313 REP. BY AUTHORISED SIGNATORY, AND LEGAL MANAGER, MR. RAJ KUMAR D R. …PETITIONER (BY SRI. ANISH JOSE ANTONY, ADVOCATE) AND:

¶1THE STATE OF KARNATAKA BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.

by PAVITHRA B Location: HIGH COURT OF KARNATAKA

¶2THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, CHAMARAJNAGAR - 571 313.

¶3THE STATION HOUSE OFFICER/ CIRCLE INSPECTOR OF POLICE, SANTHEMARAHALLI, CHAMARAJANAGAR CIRCLE - 571 115. …RESPONDENTS (BY SRI. M. SRINIVAS KUMAR, HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD 12.02.2024 ADDRESSED TO MANAPPURAM FINANCE LIMITED, THE PETITIONER HEREIN , BY THE R-3 FURNISHED AS ANNEXURE-E AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA

ORAL ORDER

The petitioner - a Gold Finance Company is before this Court calling in question the police notice dated 12.02.2024 at Annexure-E, whereby, the petitioner was called upon by the respondent - Police to produce the alleged stolen gold articles before the Investigating Officer.

¶2When the matter was taken up today for consideration, learned counsel for the petitioner submits that pursuant to the police notice at Annexure-E, the petitioner has produced the gold ornaments before the Investigating Officer and the same has been returned to the petitioner - Company and all the gold ornaments are in the custody of the petitioner as on date.

¶3It is the submission of learned counsel for the petitioner that as and when the Investigating Officer or the concerned Court require the petitioner to produce the gold articles, the petitioner undertakes to produce the same either before the Investigating Officer or before the Jurisdictional Magistrate.

¶4Learned counsel for the petitioner relies upon the decision of the Hon'ble Supreme Court in Muthoot Fincorp Limited Vs The Station House Officer & Ors.1, wherein, in identical circumstances, the Hon'ble Supreme Court has recorded an undertaking given by the similarly situated Gold

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Finance Company and certain observations have been made therein.

¶5Relying upon the decision rendered by Hon'ble Supreme Court in Muthoot Fincorp Limited (supra), the petitioner submits that the petitioner - Company is also prepare to file such an undertaking before this Court to the effect that, till the conclusion of the trial, the petitioner - Company would not in any way deal with the alleged stolen gold articles.

¶6In the light of the categorical submission of the petitioner that, till the conclusion of proceedings either before the police or before the jurisdictional Court, the petitioner would not deal with the gold ornaments in question, the present writ petition could be disposed of.

¶7The impleading application is filed by the person claiming to be the actual owner of the alleged stolen article. His right to receive the alleged stolen article in question is subject to the outcome of the proceedings before the Magistrate and therefore, no orders can be passed for release of the gold article at this juncture.

¶8In the result, the writ petition is disposed of taking note of the submission of learned counsel for the petitioner that the petitioner would file an affidavit of undertaking to the effect that, till the conclusion of proceedings before the respondent - Police or before the jurisdictional Court, the petitioner would not in any way deal with the gold ornaments in question.

The petitioner to file affidavit of undertaking within a period of one week from today.

Sd/- (T.P.VIVEKANANDA) JUDGE

JY List No.: 1 Sl No.: 13