IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 27^TH 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.

2. THE POLICE SUBINSPECTOR/

DsVNP i A I ig IS g NT ni H T te G a Ad IA l H Lb P y A y PLA INVESTIGATION OFFICER, V N PA I I S N T H T G A I A H L P A P L A LHKDBD21+ 05 o e ah a 0 igc 2: n r t a 54 e n ah 5 cr 35 : t a wh . 0 Ci 1: t o 5 aa 0 on 3 dk . u: 2 ar 8 t of H VI A J R A A Y P A A N N A A G H A A R L , L K I A P R O N L A IC T E A K S A T A – T 5 IO 83 N , 1 31.

…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 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 2^nd Respondent and quash the same in the interest of justice and equity.

C. Issue a Writ of Mandamus to the 2^nd Respondent to follow the procedures under section 107 of BNSS 2023, in the event the 2^nd 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.

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 OTHERS, Criminal Appeal No.1026 of 2024

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 res