Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 17 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:2413
WP No. 1022 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 1022 OF 2024 (GM-POLICE)
BETWEEN:
MANAPPURAM FINANCE LTD.,
HAVING REGISTERED OFFICE AT
MANAPPURAM HOUSE, A.O.VALAPAD
TRISSUR DISTRICT
KERALA HAVING ONE OF ITS BRANCH AT
MANAPPURAM FINANCE LIMITED K.R.ROAD
BANASHANKARI II STAGE
BUILDING NO.4, 1ST FLOOR, 27TH CROSS
SANKRANTHI COMPLEX
OPP. SEVAKSETHRA HOSPITAL
BENGALURU DT PIN - 560 070.
REPRESENTED BY AUTHORISED SIGNATORY
AND AREA HEAD MANAGER MR. ASHOK
...PETITIONER
Digitally signed by (BY SRI. POORNA PRASAD K. R., ADVOCATE)
PADMAVATHI B K
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU - 560 001.
2. DEPUTY COMMISSIONER OF POLICE OFFICE
NEXT TO SURANA COLLEGE, SOUTH END CIRCLE
JAYANAGAR, BANGALORE, INDIA
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NC: 2024:KHC:2413
WP No. 1022 of 2024
KARNATAKA - 560 070.
3. THE INSPECTOR OF POLICE
BASAVANAGUDI POLICE STATION,
K.R.ROAD, BASAVANAGUDI
NEAR GANDHI BAZAR
BENGALURU KARNATAKA - 560 004.
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH NOTICE ISSUED U/S 91 OF THE CRPC DTD 06.01.2024
TO THE PETITIONER BY THE R3 AND FURNISHED AS
ANNEXURE-E.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, 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 06.01.2024.
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.
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:
NC: 2024:KHC:2413
"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: 2024:KHC:2413
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
