Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 5 April, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:14200
WP No. 10416 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 10416 OF 2024 (GM-POLICE)
BETWEEN:
1. 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
NO.321/348/1, 1ST FLOOR,
NEAR BIDADI POLICE STATION,
B M ROAD,
BIDADI P.O., BANGALORE DT.,
K.A PIN - 562 109,
REP. BY AUTHORISED SIGNATORY,
Digitally signed AND AREA HEAD,
by NAGAVENI
MR. SURISETTI NANAJI.
Location: HIGH
COURT OF ...PETITIONER
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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WP No. 10416 of 2024
2. COMMISSIONER OF POLICE,
BENGALURU CITY,
BENGALURU - 560 001.
3. THE SUB-INSPECTOR OF POLICE,
RAJGOPALNAGAR POLICE STATION,
137, RAJAGOPALANAGAR MAIN ROAD,
3RD CROSS, KG NAGAR, LAGGERE, BENGALURU,
KARNATAKA - 560 086.
...RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICE DATED:01.04.2023 RECEIVED ON 01.04.2024 UNDER
SEC 91 OF CR P C ADDRESSED TO THE MANGER,
MANAPPURAM FINANCE LIMITED, THE PETITIONER HEREIN, BY
THE R-3, FURNISHED AS ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this court seeking the
following prayer:
(a) To quash the notice dated 01.04.2024
received on 01.04.2024 under Section 91 of
Cr.P.C addressed to the Manager,
Manappuram Finance Limited, the petitioner
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herein, by the respondent No.3 furnished as
Annexure-E.
(b) Issue direction writ of mandamus or order or
direction directing the respondent police not
to proceed with the notice dated 0104.2024
received on 01.04.2024 and furnished as
Annexure-E.
(c) Pass an order thereby directing that during
the pendency of this present petition, the
respondents are restrained from taking any
coercive action against the petitioner and
not to interfere in the day-to-day business of
the petitioner in its premises office at
Manappuram Finance Limited,
No.321/348/1, Ist Floor, near Bidadi Police
Station, B.M.Road, Bidadi P.O., Bangalore
District, K.A. Pin - 562 109 and or at other
places where the petitioners' employees are
working.
(d) And grant such other relief or directions as
this Hon'ble Court deems fit in the facts and
circumstances of the case.
2. The learned counsel for the petitioner submits
that the issue in the lis stands covered by judgment
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rendered by the coordinate bench in W.P.No.22441/2022
(M/S MUTHOOT FINANCE LTD., VS. STATE OF
KARNATAKA) disposed on 15.11.2022. The Coordinate
bench has held as follows:
"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 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."
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3. The learned Additional Government Advocate
would not dispute the position. Therefore, I deem it
appropriate to grant the very relief to the petitioner as is
granted by the coordinate bench.
Ordered accordingly.
Sd/-
JUDGE
SS
