Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 6 July, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:23314
WP No. 14127 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 14127 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.
AND HAVING ITS BRANCH OFFFICE AT,
SUBASH NAGAR, MANDYA BUILDING,
NO.1896/S, 1ST FLOOR,
SRI. COMPLEX, R. P. ROAD,
SUBASH NAGAR, OPP. DDPI OFFICE,
Digitally signed
MANDYA SUBASH NAGAR P. O.,
by SHARADA MANDYA DT., PIN - 571 401,
VANI B
Location: HIGH AND ANOTHER BRANCH AT
COURT OF V.V. ROAD, MANDYA SHANKAR
KARNATAKA
VILAS COFFEE WORKS,
# 10334, V. V. ROAD,
NEAR HEAD POST OFFICE,
MANDYA TALUK, MANDYA DT.,
PIN - 571 401,
V. V. ROAD, MANDYA.
REP BY AUTHORISED SIGNATORY,
AND LEGAL MANAGER
MR. JUDE G.
...PETITIONER
(BY SRI. POORNA PRASAD K. R., ADVOCATE)
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WP No. 14127 of 2023
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BENALURU - 560 001.]
2. COMMISSIONER OF POLICE,
BANGALORE CITY,
BENGALURU - 560 001.
3. THE POLICE INSPECTOR,
SPECIAL ENQUIRY DIVISION,
CID, BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. B.V. KRISHNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTICE DATED 03/07/2023 ISSUED UNDER
SECTION 91 OF THE CR.P.C. ADDRESSED TO MANAPPURAM
FINANCE LIMITED, THE PETITIONER HEREIN, BY THE
RESPONDENT NO. 3, FURNISHED AS ANNEXURE E AND F 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
between M/s MUTHOOT FINANCE LTD. vs. STATE OF
KARNATAKA & OTHERS, disposed off by a Coordinate
Bench on 15.11.2022, wherein paragraphs 2 & 3 in the
aid judgment read as under:
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WP No. 14127 of 2023
"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
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. Learned counsel for the petitioner heavily banks
upon 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 off on 11.12.1974, wherein, it is observed that
the Court should treat like-cases alike and if relief is
granted to a litigant, similar relief cannot be denied to
other similarly circumstanced litigants there being no
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WP No. 14127 of 2023
derogatory circumstances. He seeks treatment of his
client on parity basis. There is force in this submission.
In view of the above, the relief granted to the litigant
in the cognate case is extended to the petitioner in this
case as well mutatis mutandis.
Sd/-
JUDGE
CBC
