Amv Botanics Private Limited vs State Of Karnataka
2022 Latest Caselaw 1676 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 3RD DAY OF FEBRUARY, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

        WRIT PETITION NO.19616 OF 2021 (GM-POLICE)

BETWEEN:
AMV BOTANICS PRIVATE LIMITED
REPRESENTED BY ITS DIRECTOR

MR VINOD KUMAR DESHWAL
S/O MR.G.N. DESHWAL
AGED ABOUT 60 YEARS,
251/10 PRATAP ENCLAVE,
PRATAP NAGAR, SANGANER
JAIPUR-302033
RAJASTHAN
                                             ...PETITIONER
(BY SRI. HARISH KUMAR.M.S., ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY PUBLIC PROSECUTOR
       HIGH COURT OF KARNATAKA
       BENGALURU-560001

2.     STATION OFFICER IN CHARGE (SHO)
       CHANDRALAYOUT POLICE STATION,
       BENGALURU CITY
       BENGALURU-560040

                                          ...RESPONDENTS
(BY SRI. VINOD KUMAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE LETTER/NOTICE ISSUED BY THE R2 DATED 04.08.2020
DIRECTING THE MANAGER, PUNJAB NATIONAL BANK,
SITAPURA INDUSTRIAL AREA BRANCH, JAIPUR TO FREEZE THE
ACCOUNT BEARING BANK ACCOUNT NO.6143008700000795 OF
THE PETITIONER VIDE ANNEXURE-B AND DEFREEZE THE
ACCOUNT AND ETC.
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    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

The subject matter of this writ petition is substantially

similar to the one in W.P.No.15153/2021 (GM-POLICE)

between SMT. M.DIVYALAKHSMI vs. STATION HOUSE

OFFICER & ANOTHER disposed off by this Court on

23.09.2021. Para 6 of the said judgment reads as under:

"The interest of both the sides can be secured by permitting the Bank to appropriate the Account balance of the petitioner to the Gold Loan which she has availed from the said Bank itself subject to the rider that in the event the need for retrieving of this amount arises, petitioner shall make arrangement for the same without pleading any equity or the like; he shall also furnish the bank guarantee for the like-sum in favour of the police."

2. The Division Bench decision of this Court in

W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER

Vs. STATE OF KARNATAKA BY ITS COMMISSIONER &

SECRETARY disposed off on 11.12.1974, it has been held that

like cases should be treated alike and if relief is granted to a

litigant, similar relief cannot be denied to other similarly

circumstanced litigants, subject to all just exceptions.

In view of the above, the petition is disposed off granting

the same relief as has been granted in the above cognate writ

petition and subject to same conditions.

Cost made easy.

Sd/-

JUDGE

DS