Manappuram Finance Ltd vs The State Of Karnataka
2023 Latest Caselaw 7641 Kant

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                                                       NC: 2023:KHC:40323
                                                  WP No. 24958 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 9TH DAY OF NOVEMBER, 2023

                                       BEFORE
                      THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                     WRIT PETITION NO. 24958 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:
                    T.DASARAHALLI DOOR NO. 28 AND 29
                    SRINIDHI TOWER, T.DASARAHALLI TUMKUR ROAD
                    BENGALURU DISTRICT PIN - 560 057
                    REP. BY AUTHORISED SIGNATORY
                    AND LEGAL MANAGER
                    MR. PRAVEEN BAILAPPA HOOLI.
Digitally signed by                                         ...PETITIONER
PADMAVATHI B K
Location: HIGH (BY SRI POORNA PRASAD K.R., ADVOCATE)
COURT OF
KARNATAKA      AND:

               1.    THE STATE OF KARNATAKA
                     BY ITS SECRETARY, HOME DEPARTMENT
                     VIDHANA SOUDHA
                     BENGALURU - 560 001.

               2.    THE DY. SUPERINTENDENT OF POLICE
                     OFFICE OF THE DEPUTY SUPERINTENDENT OF
                     POLICE NELAMANGALA
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                                           NC: 2023:KHC:40323
                                        WP No. 24958 of 2023




     KARNATAKA - 562 123.

3.   THE STATION HOUSE OFFICER
     INSPECTOR OF POLICE
     MADAYANAYAKANAHALLI POLICE STATION
     KUDUREGERE MAIN ROAD, MADAVARA POST
     TUMKUR ROAD, BENGALURU
     KARNATAKA - 562 123.

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

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) TO
QUASH THE NOTICE/S BOTH DATED 3/11/2023 ADDRESSED
TO MANAPURAM FINANCE LIMITED, THE PETITIONER HEREIN,
BY THE R3, FURNISHED AS ANNEXURE-E.

     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 03.11.2023.

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

NC: 2023:KHC:40323 WP No. 24958 of 2023

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 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."

NC: 2023:KHC:40323 WP No. 24958 of 2023

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

NVJ

CT:SS