Manappuram Finance Ltd vs State Of Karnataka
2024 Latest Caselaw 27896 Kant

Karnataka High Court

Manappuram Finance Ltd vs State Of Karnataka on 21 November, 2024

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                                                           NC: 2024:KHC:47257-DB
                                                            CCC No. 891 of 2024




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 21ST DAY OF NOVEMBER, 2024

                                             PRESENT

                           THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE

                                               AND

                              THE HON'BLE MR. JUSTICE K. V. ARAVIND

                                    CCC No. 891 OF 2024 (CIVIL)

                   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 - 680567.
                        HAVING ONE OF ITS BRANCH AT,
                        N. R. COLONY, BASAVANAGUDI,
                        BENGALURU,
                        KARNATAKA 560019.
                        REP. BY AUTHORISED SIGNATORY
Digitally signed        AND AREA HEAD
by VALLI
MARIMUTHU               MR. ASHOK E.
Location: High                                                    ...COMPLAINANT
Court of
Karnataka          (BY SRI ANISH JOSE ANTONY, ADVOCATE)
                   AND:

                   1.   STATE OF KARNATAKA,
                        REPRESENTED BY ITS CHIEF SECRETARY,
                        VIDHANA SOUDHA,
                        DR. B. R. AMBEDKAR VEEDHI,
                        BENGALURU - 560001.
                                                   ...PROFORMA RESPONDENT
                   2.   CHANDRASHEKAR K. L.,
                        AGED MAJOR,
                        CIRCLE INSPECTOR OF POLICE,
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                                         NC: 2024:KHC:47257-DB
                                             CCC No. 891 of 2024




    BANASHANKARI POLICE STATION,
    BANASHANKARI,
    KARNATAKA - 560097
                                                       ...ACCUSED
(BY SRI PRADEEP C.S., AAG A/W
SMT. PRAMODHINI KISHAN, AGA)

      THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE
CONTEMPT OF COURT ACT, 1971, R/W ARTICLE 215 OF
CONSTITUTION OF INDIA, BY THE COMPLAINANT, PRAYING TO
PASS AN ORDER PUNISHING THE ACCUSED FOR HAVING
COMMITTED CONTEMPT OF THE ORDER PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP
No.10961/2024 DATED 18.04.2024 VIDE ANNEXURE-A.

    THIS CCC COMING ON FOR ORDERS THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:


CORAM:    HON'BLE THE CHIEF JUSTICE MR. JUSTICE
          N. V. ANJARIA
          and
          HON'BLE MR JUSTICE K. V. ARAVIND


                      ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Heard learned advocate Mr. Anish Jose Antony for the

complainant and learned Additional Advocate General

Mr. C.S. Pradeep along with learned Additional Government

Advocate Smt. Pramodhini Kishan for the respondents.

NC: 2024:KHC:47257-DB

2. This contempt petition alleges breach of directions passed in

Writ Petition No.10961 of 2024 dated 18.04.2024.

3. The following directions were issued by learned Single

Judge,

"..., this writ petition is disposed off directing the police to restore the seized articles to the petitioner forthwith; if other articles are needed, then also the same procedure shall be followed. If the articles are already produced before the jurisdictional court, the learned Magistrate is requested to release the same in favour of the petitioner subject to the terms hereinabove mentioned and such other usual terms."

4. Learned Additional Advocate General Mr. C.S. Pradeep

appearing for the respondents submitted that the seized articles

are subjected to the jurisdiction of the learned Magistrate in a

property file. It is submitted that in that view, the complainant has

to file application under Sections 451 and 457 of Cr.P.C. seeking

release of the seized articles. Learned Additional Advocate

General further submitted that the complainant has filed such an

application and pending consideration before the jurisdictional

Magistrate.

NC: 2024:KHC:47257-DB

4. The submissions of the learned Additional Advocate General

are not disputed by learned advocate for the complainant.

5. The order brought in contempt contains two directions. The

Police authorities were directed to release the seized articles to the

complainant. Another direction is that, if the articles are to be

produced before the jurisdictional Magistrate and the learned

Magistrate is requested to release the same in favour of the

complainant.

6. In view of the articles are subjected to jurisdiction of the

learned Magistrate, the compliance of the first direction would not

survive. Insofar as the second direction, the second direction is not

to the respondent-authorities. It is for the complainant to file

necessary application before the jurisdictional Magistrate. To avail

the benefit of the second direction, the complainant has filed

application under Sections 451 and 457 of Cr.P.C. In these

circumstances, it cannot be held that there is disobedience to the

order of learned Single Judge.

NC: 2024:KHC:47257-DB

7. In the backdrop of the above facts, the present contempt

petition would not survive for further consideration. Accordingly

disposed of.

The pending application before the jurisdictional Magistrate

shall be decided on its own merits.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE

VBS