Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 8 August, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:27984
WP No. 17260 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 17260 OF 2023 (GM-POLICE)
BETWEEN:
MANAPPURAM FINANCE LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956,
HAVING REGISTERED OFFICE
AT KOTTIGEPALYA, RING ROAD,
BUILDING NO 166/206/53/1,
MONISHA COMPLEX, 2ND MAIN ROAD,
1ST CROSS, OKKLIGARA SANGA HIGH SCHOOL,
KOTTIGE PALAYA, BANGALORE DT PIN 560 091.
REP BY AUTHORISED SIGNATORY/AREA HEAD,
MR DILEEP M
...PETITIONER
(BY SRI. POORNA PRASAD K R.,ADVOCATE)
Digitally signed AND:
by SHARADA
VANI B 1. THE STATE OF KARNATAKA
Location: BY ITS SECRETARY, HOME DEPARTMENT,
HIGH COURT
OF VIDHANA SOUDHA, BENGALURU 560 001.
KARNATAKA
2. THE COMMISSIONER OF POLICE
NO 1 INFANTRY ROAD, BENGALURU,
KARNATAKA 560 001.
3. THE SUB POLICE INSPECTOR
ANNAPURNESHWARINAGARA POLICE STATION,
OUTER RING ROAD,
NAGARBHAV KENGARI GATE SUB DIVISION,
BENGALURU, KARNATAKA 560 072.
...RESPONDENTS
(BY SMT.NAMITHA MAHESH B G., AGA)
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NC: 2023:KHC:27984
WP No. 17260 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
QUASH THE NOTICE DTD 2.8.2023 ISSUED U/S 91 OF THE CR
P C ADDRESSED TO MANAPPURAM FINANCE LIMITED, THE
PETITIONER HEREIN , BY THE RESPONDENT NO.3, FURNISHED
AS ANNX-E AND B) DIRECT THE RESPONDENT POLICE 3 NOT
TO PROCEED WITH THE NOTICE DTD 2.8.2023 AND
FURNISHED AS ANNX-E. AND ETC.,
THIS 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.22441/2022
(GM-Police) between M/S.MUTHOOT FINANCE LTD., VS.
STATE OF KARNATAKA disposed off by a Coordinate Bench
of this Court on 15.11.2022, wherein paragraph nos. 2 &
3 of the said judgment reads as under:
"2. A perusal of the order passed on
14.10.2022,the notice does not in effect
indicate anything contrary to what is passed.
The only observation is that the writ petition
is dismissed and therefore, the gold articles
are directed to be produced for investigation.
This Court has permitted production of gold
articles for investigation, but the Investigating
Officer cannot seize the same.
NC: 2023:KHC:27984
WP No. 17260 of 2023
3. Learned counsel for the petitioner
would submit that he is co-operating with the
investigation and indication of dismissal of the
petition should not lead to seizure of the gold
articles. This Court has clearly held that the
gold articles cannot be seized and therefore,
the Investigating Officer cannot seize the gold
articles, but can examine the same by
summoning it for the purpose of
investigation."
2. The Division Bench of this Court in W.A.Nos.
932-933/1974 between A.V.VINODA & ANOTHER Vs.
STATE OF KARNATAKA BY ITS COMMISSIONER &
SECRETARY disposed of on 11.12.1974, has held that the
Court should treat the like-cases alike and if relief is
granted to a litigant it has to be extended to a similarly
circumstanced litigant as well, there being no derogatory
circumstances.
In view of the above, relief granted to the litigant in
the cognate Writ Petition is extended to the Petitioner
herein as well, mutantis mutandis.
NC: 2023:KHC:27984
WP No. 17260 of 2023
It is open to the Investigating Officer to photograph
& videograph all the articles when the petitioner, on
instructions, produces the same for inspection.
No costs.
SD/-
JUDGE
Snb/
