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:14340
WP No. 3145 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. 3145 OF 2024 (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 - 680567
HAVING ONE OF ITS BRANCH AT:-
BTM 2ND STAGE BUILDING NO.10
(OLD NO 20), GROUND FLOOR,
100FT RING ROAD,
9TH MAIN, BTM 1ST STAGE
NEAR MICO LAYOUT BUS STOP
BANGALORE DT., PIN - 560029
Digitally signed by REP BY AUTHORISED SIGNATORY,
NAGAVENI AND LEGAL MANAGER,
Location: HIGH MR PRAVEEN BAILAPPA HOOLI
COURT OF
KARNATAKA ...PETITIONER
(BY SRI. POORNA PRASAD K R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU 560001
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NC: 2024:KHC:14340
WP No. 3145 of 2024
2. THE SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE,
B H ROAD, ASHOKA NAGAR,
TUMAKURU CITY 572103
3. THE STATION HOUSE OFFICER
INSPECTOR OF POLICE,
CHELUR POLICE STATION,
GUBBI CIRCLE, GUBBI,
TUMKUR 572216
...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 DTD 29.01.2024 ADDRESSED TO THE MANAGER,
MANAPPURAM FINANCE LIMITED, THE PETITIONER HEREIN, BY
THE R-3 FURNISHED AS ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
- 'B' GROUP, 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 29.01.2024.
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,
disposed on 06.06.2023.
NC: 2024:KHC:14340
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
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: 2024:KHC:14340
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
Co-ordinate Bench, in the afore-quoted order.
4. Accordingly, writ petition stands disposed.
Sd/-
JUDGE
NVJ
