Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 5 August, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:31274
WP No. 21100 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 21100 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-680 567,
HAVING ONE OF ITS BRANCH AT:
PARIMALANAGAR KANTEERAVA STUDIO BUILDING
NO. 56/14, GROUND FLOOR, G.M. COMPLEX,
OPP. INDIAN OIL PETROL BUNK,
PARIMALANAGAR, KANTEERAVA STUDIO,
BANGALORE DISTRICT-560 096,
REP. BY AUTHORIZED SIGNATORY AND AREA HEAD,
MR. DAVID RAJ.
...PETITIONER
(BY SRI. POORNA PRASAD K.R., ADVOCATE)
Digitally signed by
R HEMALATHA AND:
Location: HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
HOME DEPARTMENT,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE COMMISSIONER OF POLICE
BANGALORE CITY,
KARNATAKA-560 001.
3. THE SUB-INSPECTOR OF POLICE
KUMARASWAMY LAYOUT POLICE STATION,
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NC: 2024:KHC:31274
WP No. 21100 of 2024
14TH MAIN ROAD, KUMARASWAMY LAYOUT,
1ST STAGE, BENGALURU-560 078,
KARNATAKA.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICES BOTH DATED 02.08.2024 ISSUED U/S 91 OF THE CR. P.C
ADDRESSED TO MANAPPURAM FINANCE LIMITED, THE
PETITIONER HEREIN, BY THE R-3 FURNISHED AS ANNEXURE-E;
DIRECT THE RESPONDENT POLICE 3 NOT TO PROCEED WITH
THE NOTICE DATED 02.08.2024 AND FURNISHED AS ANNEXURE-E
AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Learned HCGP accepts notice for the respondents
2. The petitioner challenges the sale notice issued under
Section 91 of the Cr.P.C., calling upon the petitioner to produce
gold articles alleged to have been pledged by the accused.
3. The similar issue involved in this petition was
examined by the Co-ordinate Bench of this Court in
W.P.No.22441/2022 disposed of on 15.11.2022, wherein
paragraph nos. 2 and 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
NC: 2024:KHC:31274
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."
4. In the aforesaid said judgment, this Court categorically
held that, the Police cannot seize the gold articles, but only
summon the petitioner to produced the gold articles for
examination. Therefore, the impugned notice issued by the
respondent-Police is modified as follows:
5. The petitioner to produce the gold articles before the
respondent No.3 for examination, and upon examination, the
petitioner is at liberty to take back the gold articles, and it is made
clear that, the respondent No.3 shall not seize the gold articles
without following due process of law.
6. Accordingly, the petition stands disposed of.
7. Learned HCGP is granted two weeks time to file memo
of appearance.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
HR
