M/S. Muthoot Finance Ltd vs State Of Karnataka
2023 Latest Caselaw 2517 Kant

                                             -1-
                                                       WP No. 9717 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 23RD DAY OF MAY, 2023

                                           BEFORE

                       THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                     WRIT PETITION NO. 9717 OF 2023 (GM-POLICE)

                   BETWEEN:

                   M/S. MUTHOOT FINANCE LTD.,
                   KALYADURG BRANCH, KALYADURG,
                   ANANTHAPUR DIST,
                   ANDHRAPRADESH - 515 761.
                   REPRESENTED BY ITS AUTHORIZED SIGNATORY
                   SRI HARI KUMARA M S/O MAHALINGAPPA R
                   REGISTERED UNDER COMPANIES ACT 1956
                                                              ...PETITIONER
                   (BY SRI. VENKATARAMANA K S.,ADVOCATE)

                   AND:

                   1. STATE OF KARNATAKA
                      REPRESENTED BY ITS
                      HOME SECRETARY,
Digitally signed
by SHARADA            VIDHANA SOUDHA,
VANI B                BANGALORE-560 001.
Location: HIGH
COURT OF           2. MOLAKALMUR POLICE
KARNATAKA             BY ITS STATION HOUSE OFFICER (PSI)
                      MOLAKALMUR, CHITRADURGA DIST,
                      REPRESENTED BY
                      PUBLIC PROSECUTOR OF
                      HIGH COURT OF KARNATAKA
                      HIGH COURT BUILDINGS,
                      BANGALORE-560 001.
                                                           ...RESPONDENTS
                   (BY SMT.RASHMI PATEL., AGA)
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                                                WP No. 9717 of 2023




    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1.
QUASHING THE NOTICE DTD 14.04.2023 PASSED BY R-2 VIDE
ANNX- N AND P2 AND ETC.,

     THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:

                                 ORDER

The subject matter of this petition is substantially

similar to the one treated by this Court in

W.P.No.15561/2022 (GM-Police) between M/S.MUTHOOT

FINANCE LTD., VS. STATE OF KARNATAKA disposed off on

04.08.2022.

2. A Co-ordinate Bench of this Court in

W.P.No.22441/2022 (GM-Police) between M/S.MUTHOOT

FINANCE LTD., VS. STATE OF KARNATAKA disposed off on

15.11.2022 at paras 2 & 3 of the said judgment has

observed 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.

WP No. 9717 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."

3. A 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 situated litigant

as well, there being no derogatory circumstances.

In view of the above, this Writ petition is disposed off

granting relief to the Petitioner as has been granted in the

cognate petition with the same terms & conditions.

Sd/-

JUDGE Snb/