The power to compel production of alleged stolen property under criminal investigation underlines the supremacy of investigative necessity over the contractual rights of secured creditors.

CAV ORDER

1. Petitioner is before the Court seeking for the following reliefs:

I. Issue a writ in the nature of Certiorari or any other appropriate writ, order, or direction to quash the notice bearing No. KENGERIPS/CRNO-489/2024 issued under Section 94 of the BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 dated 08.10.2025 issued by Respondent No. 1 Police (hereinafter referred to as "the Notice dated 08.10.2025").(Annexure A)

II. Issue a writ in the nature of Certiorari or any other appropriate writ, order, or direction to quash the notice bearing No. KENGERIPS/CRNO-489/2025 issued under Section 94 of the BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 dated 09.10.2025 issued by Respondent No. 1 Police (hereinafter referred to as "the Notice dated 09.10.2025").(Annexure B)

III. Issue a writ in the nature of Certiorari or any other appropriate writ, order, or direction to quash the notice bearing No. KENGERIPS/CRNO-489/2025 issued under Section 94 of the BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 dated 09.10.2025 issued by Respondent No. 1 Police (hereinafter referred to as "the Notice dated 09.10.2025").(Annexure C)

IV. Pass such other and further order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of Justice.

2. The Petitioner lodged a complaint alleging that the accused, Smt. Ashwini, had been employed with Karur Vysya Bank, Kengeri Branch, since the year 2022 and was functioning as Assistant Manager as well as Customer Service Officer / Jewellery Loan Officer. It is stated that during a surprise re- appraisal conducted on 06.10.2025 and 07.10.2025, serious irregularities were detected in relation to gold loan accounts handled by the said Smt. Ashwini. Upon verification, it was allegedly found that she had indulged in acts amounting to theft and criminal breach of trust, by clandestinely removing genuine gold ornaments pledged by customers and replacing them with spurious articles. Such fake articles were found in 34 gold loan packets, involving approximately 3.398 kilograms of gold ornaments, valued at around ₹3 crores, on the basis of which the complainant Bank had disbursed loans aggregating to ₹1.73 crores. It is further alleged that 17 jewel loan packets were found missing altogether, which were stated to contain approximately 1.557 kilograms of gold ornaments, valued at about ₹1.5 crores, in respect of which loans to the tune of ₹89.01 lakhs had been sanctioned and disbursed.

3. On the basis of the said complaint, an FIR in Crime No.0489/2025 came to be registered for offences punishable under Sections 316 (2), 316(5) and 318(4) of the Bharatiya Nagarik Nyaya Sanhita, 2023 (hereinafter referred to as “BNNS”).

4. The Petitioner asserts that it is a leading financial services institution engaged in providing a diverse range of credit facilities, including home loans, gold loans, business loans and loans against property, catering to both retail and corporate customers. It is stated that every loan is sanctioned only after due scrutiny and verification of the pledged security, including gold articles. Each borrower is allotted a unique customer identification number, and for every individual loan transaction, a separate loan account is maintained.

5. It is further contended that Smt. Ashwini and her husband, Sri. Ravi Naik, had initially approached the Petitioner in the year 2022 and availed a gold loan, which was duly repaid within the stipulated period, upon which the pledged gold ornaments were returned to Smt. Ashwini. Thereafter, on 04.10.2024, Smt. Ashwini again approached the Petitioner for availing a gold loan by pledging gold ornaments. After following the prescribed procedure a