Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 11 August, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:28577
WP No. 17645 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 17645 OF 2023 (GM-POLICE)
BETWEEN:
MANAPPURAM FINANCE LTD.,
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956
HAVING REGISTERED OFFICE AT
MANAPURAM HOUSE, A.O.VALAPAD,
TRISSUR DISTRICT, KERALA-680 567.
HAVING ONE OF ITS BRANCH AT
R T NAGAR BUILDING, NO.95-34-19,
SRI. K V PRASAD COMPLEX
PUSHPANJALY THEATRE PREMISES
DINNUR SULTHAN PALAYA MAIN ROAD,
R T NAGAR, BANGALORE DISTRICT
PIN-560 032.
REP BY AUTHORISED SIGNATORY AND AREA HEAD
MR VIJAYAKUMAR P
Digitally signed
by SHARADA ...PETITIONER
VANI B (BY SRI. POORNA PRASAD K R.,ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE COMMISSIONER OF POLICE
BANGALORE CITY,
KARNATAKA-560 001.
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WP No. 17645 of 2023
3. THE STATION HOUSE OFFICER
/INSPECTOR OF POLICE
GOVINDAPURA POLICE STATION
26, 8TH CROSS RD, N BLOCK,
GOVINDAPURA, NAGAVARA,
BENGALURU, KARNATAKA-560 045.
INDIA.
...RESPONDENTS
(BY SMT. NAVYA SHEKHAR., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE NOTICES BOTH DTD 07.08.2023 ISSUED U/S 91
OF THE CR PC ADDRESSED TO MANAPPURAM FINANCE
LIMITED THE PETITIONER HEREIN BY THE R-3 FURNISHED AS
ANNX-E DIRECTING THE RESPONDENT POLICE 3 NOT TO
PROCEED WITH THE NOTICE DTD 07.08.2023 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
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WP No. 17645 of 2023
be produced for investigation. This Court has
permitted production of gold articles for
investigation, but the Investigating Officer
cannot seize the same.
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, subject to the condition
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WP No. 17645 of 2023
that The Petitioner shall produce subject articles if & when
police require by writing.
No costs.
Sd/-
JUDGE
Bsv
