Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 5 November, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:44626
WP No. 29604 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 29604 OF 2024 (GM-POLICE)
BETWEEN:
MANAPPURAM FINANCE LTD
A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956, HAVING REGISTERED
OFFICE AT MANAPPURAM HOUSE, A O VALAPAD
TRISSUR DISTRICT, KERALA 680 567
HAVING ONE OF ITS BRANCH AT
BASHETTAHALLI NO. 98/12, 1ST FLOOR
ANJALI COMPLEX NEAR BANK CIRCLE
DODDABALLAPURA, BANGALORE
KARNATAKA 561 203 (1939 BRANCH ID)
REP BY AUTHORISED SIGNATORY
AND AREA HEAD MR. AMALJITH CE
...PETITIONER
(BY SRI. SANATH S ATHREYA., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by BY ITS SECRETARY HOME DEPARTMENT
R HEMALATHA VIDHANA SOUDHA
Location: HIGH BENGALURU 560 001.
COURT OF
KARNATAKA
2. THE SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE
NO 5, MILLERS ROAD BANGALURU
KARNATKA 560 052.
3. TEH STATION HOUSE OFFICER
THYAMAGUNDALU POLICE STATION
BENGALURU RURAL
KARNATKA 562 132.
...RESPONDENTS
(BY SRI. K P YOGANNA., AGA)
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NC: 2024:KHC:44626
WP No. 29604 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICES BOTH DTD. 04.11.2024 ISSUED U/S 94 OF THE BNSS
ADDRESSED TO MANAPPURAM FINANCE LIMITED, THE
PETITIONER HEREIN, BY THE R-3 FURNISHED AS ANNX-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
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."
NC: 2024:KHC:44626
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.
3. 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.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
BKM
