Manappuram Finance Ltd vs The State Of Karnataka
2023 Latest Caselaw 9227 Kant

Karnataka High Court

Manappuram Finance Ltd vs The State Of Karnataka on 4 December, 2023

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                       NC: 2023:KHC:43766
                                                    WP No. 26156 of 2023




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                          BEFORE
                         THE HON'BLE MR JUSTICE M.NAGAPRASANNA


                        WRIT PETITION NO. 26156 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:-
                        RAGHAVENDRA NAGAR, TUMKUR,
                        BUILDING NO. 4507,
                        1ST FLOOR, SHIVA ARCADE,
                        SETTIHALLI RAILWAY GATE,
                        NEAR RAGHAVENDRASWAMY TEMPLE,
                        RAGHAVENDRA NAGAR,
Digitally signed by
                        TUMKUR DISTRICT,
PADMAVATHI B K          KARNATAKA-572 102,
Location: HIGH          REP BY AUTHORIZED SIGNATORY
COURT OF                AND LEGAL MANAGER,
KARNATAKA
                        MR. JUDE. G

                                                            ...PETITIONER
                  (BY SRI. POORNA PRASAD K R., ADVOCATE)

                  AND:

                  1.    THE STATE OF KARNATAKA
                        BY ITS SECRETARY,
                        HOME DEPARTMENT,
                        VIDHANA SOUDHA,
                        BENGALURU-560 001.
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                                   WP No. 26156 of 2023




2.   THE SUPERINTENDENT OF POLICE
     OFFICE OF THE SUPERINTENDENT OF POLICE,
     B.H. ROAD, ASHOKA NAGAR,
     TUMAKURU CITY-572 103.


3.   THE STATION HOUSE OFFICER
     INSPECTOR OF POLICE,
     TILAKPARK CIRCLE,
     JAYAPURA, TUMAKURU,
     TUMKUR-572 101.
     INDIA.

                                         ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)


     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE
NOTICE DTD 15.11.2023 U/S. 91 CR.PC ADDRESSED TO
MANAPPURAM FINANCE LIMITED, THE PETITIONER HEREIN, BY
THE R3 FURNISHED AS ANNEXURE-E BEARING NO.
TCR.172/23; DIRECT THE R3 POLICE NOT TO PROCEED WITH
THE NOTICE DTD 15.11.2023 AND FURNISHED AS
ANNEXURE-E; DIRECT THAT DURING THE PENDENCY OF THIS
PRESENT PETITION, THE RESPONDENTS ARE RESTRAINED
FROM TAKING ANY COERCIVE ACTION AGAINST THE
PETITIONER AND NOT TO INTERFERE IN THE DAY TO DAY
BUSINESS OF THE PETITIONER IN ITS PREMISES OFFICE AT
MANAPPURAM FINANCE LIMITED, RAGHAVENDRA NAGAR
TUMKUR, BUILDING NO.4507, IST FLOOR, SHIVA ARCADE,
SETTIHALLI RAILWAY GATE, NEAR RAGHAVENDRASWAMY
TEMPLE, RAGHAVENDRA NAGAR, TUMKUR DT., KARNATAKA,
PIN-572102 AND OR AT THEIR PLACES WHERE THE
PETITIONERS EMPLOYEES ARE WORKING.


    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                                NC: 2023:KHC:43766
                                             WP No. 26156 of 2023




                               ORDER

The petitioner is before this Court calling in question the

police notice under Section 91 of the Cr.P.C. dated 15.11.2023.

2. The learned counsel appearing for the petitioner

would submit that the identical issue is answered by a

Co-ordinate Bench of this Court in WP.No.10754/2023.

3. The learned High Court Government Pleader would

also admit position that the issue stands answered by the

judgment rendered by the Co-ordinate Bench. The Co-ordinate

Bench has held as follows:

"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.

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

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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.

No costs."

4. In the light of the issue standing answered, the

petitioner is entitled to the same relief that is granted by

Co-ordinate Bench.

Accordingly, writ petition stands disposed.

Sd/-

JUDGE

KG