Manappuram Finance Ltd vs The State Of Karnataka
2023 Latest Caselaw 7490 Kant

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                                                         NC: 2023:KHC:38995
                                                    WP No. 24189 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 2ND DAY OF NOVEMBER, 2023

                                         BEFORE
                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                       WRIT PETITION NO. 24189 OF 2023 (GM-POLICE)


                 BETWEEN:

                 MANAPPURAM FINANCE LTD.,
                 A COMPANY INCORPORATED UNDER
                 THE COPANIES ACT, 1956,
                 HAVING REGISTERED OFFICE AT
                 MANAPURAM HOUSE,
                 A.O.VALAPAD, TRISSUR DISTRICT,
                 KERALA - 680 567
                 HAVING ONE OF ITS BRANCH AT:-
                 P.B.ROAD, DAVANAGERE 1ST FLOOR,
                 BEERESHWAR COMPLEX,
                 NEAR COURT CIRCLE, P.B.ROAD,
                 DAVANAGERE DT.,
                 PIN 577 002
Digitally signed REPRESENTED BY AUTHORISED SIGNATORY,
by PADMAVATHI
BK               AND LEGAL MANAGER MR. JUDE.
Location: HIGH                                                ...PETITIONER
COURT OF
KARNATAKA        (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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                                           NC: 2023:KHC:38995
                                        WP No. 24189 of 2023




2.   THE SUPERINTENDENT OF POLICE
     RING ROAD, DEVARAJ URS BADAVANE,
     DAVANAGERE, KARNATAKA - 577 004.

3.   THE STATION HOUSE OFFICER
     INSPECTOR OF POLICE,
     CEN CRIME POLICE STATION,
     FIRST FLOOR VIDHAY NAGAR
     POLICE STATION BUILDING,
     1ST MAIN ROAD, VINAYAKA EXTN, VIDYANAGAR,
     DAVANAGERE
     KARNATAKA - 577 005.
                                         ...RESPONDENTS
(BY SRI.MANJUNATH K., HCGP FOR RESPONDENTS)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTICE/S BOTH DTD 30.10.2023 ADDRESSED TO
MANAPPURAM FINANCE LIMITED, THE PETITIONER HEREIN, BY
THE R3, FURNISHED AS ANNEXURE-E AND ETC.,



     THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
                           ORDER

The petitioner is before this Court calling in question a

police notice under Section 91 of the Cr.P.C. dated 30.10.2023.

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 W.P.No.10754/2023.

NC: 2023:KHC:38995 WP No. 24189 of 2023

3. The learned High Court Government Pleader would

also admit the position that the issue stands answered by the

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

Bench W.P.No.10754/2023, disposed on 06.06.2023, 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 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.

NC: 2023:KHC:38995 WP No. 24189 of 2023

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."

In the light of the issue standing answered, the petitioner

is entitled to the same relief that is granted by

the Co-ordinate Bench in W.P.No.10754/2023.

4. Accordingly, writ petition stands disposed.

Sd/-

JUDGE

NVJ