MUTHOOT FINANCE LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The subject matter of this Writ Petition is similar to the one in W.P.No.8354/2022 (GM-POLICE) between MUTHOOT FINANCE LTD vs. STATE AND ANOTHER , disposed off on 17/8/2022, is arguably true, some reprieve having been granted to a litigant subject to certain conditions.

(2.) However, learned counsel for the petitioner submits that his client being a businessman would fully cooperate with the investigation process by producing the subject gold articles whenever instructed by the police and that the said articles be returned to him for retention. He also undertakes to preserve the same till after the disposal of criminal case in question or acceptance of 'B' Report if filed, whichever way it may turn out to be.

(3.) The apprehension of the learned AGA and the respondent-complainant that if petitioner takes back the gold articles, he may dispose them off or convert into other articles, cannot be taken care of inasmuch as the petitioner has undertaken before this court to preserve the same as they are, as mentioned above. Counsel for the petitioner is justified in arguing that if the police were to misplace or lose the gold articles, his client arguably cannot have any grievance against the same in view of doctrine of "sovereign function" vide KASTURI LAL vs. STATE OF UP AIR 1965 SC 1039.