M/S Muthoot Finance Ltd vs State Of Karnataka
2023 Latest Caselaw 7418 Kant

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                                                     NC: 2023:KHC:38611
                                                   WP No. 18215 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 31ST DAY OF OCTOBER, 2023

                                         BEFORE
                        THE HON'BLE MR JUSTICE M.NAGAPRASANNA


                       WRIT PETITION NO. 18215 OF 2023 (GM-POLICE)


                 BETWEEN:

                     M/S MUTHOOT FINANCE LTD.
                     REPRESENTED BY ITS AUTHORIZED SIGNATORY,
                     MR. HARISH KUMARA M,
                     OFFICE AT NO.462/A, GROUND FLOOR,
                     SHIVARAMAKARANTH LAYOUT MAIN ROAD,
                     R K HEGDE NAGAR,
                     BANGALORE - 560077
                                                          ...PETITIONER
                 (BY SMT. VIDYA S., ADVOCATE)

                 AND:

                 1.    STATE OF KARNATAKA
                       REPRESENTED BY ITS
Digitally signed       HOME SECRETARY,
by PADMAVATHI          FINANCE DEPARTMENT
BK                     VIDHANA SOUDHA,
Location: HIGH         BANGALORE - 560001
COURT OF
KARNATAKA        2.  GOVINDAPURA POLICE STATION
                     REPRESENTED BY ITS STATION HOUSE OFFICER,
                     BANGALORE, REPRESENTED BY
                     PUBLIC PROSECUTOR OF HIGH COURT OF
                     KARNATAKA,
                     HIGH COURT BUILDING,
                     BANGALORE 560001
                                                        ...RESPONDENTS
                 (BY SRI. MANJUNATH K., HCGP)
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                                           NC: 2023:KHC:38611
                                        WP No. 18215 of 2023




     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE
NOTICES DTD 07/08/2023 PASSED BY R-2 MARKED AS
ANNEXURE-A; DIRECT THE RESPONDENTS NOT TO INTERFERE
WITH THE PEACEFUL BUSINESS OF THE PETITIONERS
COMPANY IN RESPECT OF THE LOAN TRANSACTIONS WHICH
IS THE SUBJECT MATTER OF THIS PETITION.


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


                             ORDER

The petitioner is before this Court calling in question the

police notice under Section 91 of the Cr.P.C. dated 07.08.2023.

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

NC: 2023:KHC:38611 WP No. 18215 of 2023

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:38611 WP No. 18215 of 2023

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