Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 22 October, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:42458
WP No. 28297 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 28297 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:
HOSAHALLI MAIN ROAD,
HUNSAMARANAHALLI, BENGALURU-560002,
REPRESENTED BY THE AUTHORIZED PERSON
AMALJITH CE.
...PETITIONER
(BY SRI. ANISH JOSE ANTONY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by BY ITS SECRETARY,
R HEMALATHA
Location: HIGH
HOME DEPARTMENT,
COURT OF VIDHANA SOUDHA,
KARNATAKA BENGALURU-560 001.
2. THE STATION HOUSE OFFICER/INVESTIGATION
OFFICER
OFFICE OF CIRCLE INSPECTOR OF POLICE,
HOLENARSIPURA CIRCLE,
HOLENARSIPURA,
HASAN DISTRICT,
KARNATAKA-573 211.
...RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
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NC: 2024:KHC:42458
WP No. 28297 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE INTERFERENCE BY THE RESPONDENTS
IN PETITIONERS BUSINESS FOR FORCEFULLY SEIZING THE
GOLD ARTICLES PLEDGED BY IT COSTUMERS IS ARBITRARY
AND IS IN VIOLATION OF FUNDAMENTAL RIGHTS
GUARANTEED UNDER ARTICLE 14 AND 19(1)(g) OF THE
CONSTITUTION OF INDIA IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The learned Additional Government Advocate accepts notice
for the respondents.
2. Heard the learned counsel for the petitioner and the
learned Additional Government Advocate for the respondents.
3. The petitioner is a company registered under the
provisions of the Companies Act, 1956, and has been licensed by
the Reserve Bank of India to conduct business as a non-banking
financial institution under the provisions of Chapter-III B of the
Reserve Bank of India Act, 1934.
4. The grievance of the petitioner is that the respondent -
police is likely to seize the gold ornaments during the course of
enquiry/investigation following the notice issued under Section 91
of Cr.PC. The issue involved in this petition was examined by a co-
ordinate Bench of this Court in W.P. No.10754/2023, disposed of
NC: 2024:KHC:42458
on 6.6.2023, which referred to W.P. No.22441/2022, disposed of
on 15.11.2022. Paragraphs 2 and 3 of that order state as follows:
"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."
5. Furthermore, the co-ordinate Bench relied on the
judgment of the Division Bench of this Court in W.A. Nos. 932-
933/1974, disposed of on 11.12.1974, wherein it was ruled that the
Court should treat similar cases alike, and if relief is granted to one
litigant, it should be extended to a similarly circumstanced litigant
as well, provided there are no derogatory circumstances.
6. Therefore, this petition also stands disposed of in
terms of the order passed by the co-ordinate Bench of this Court in
W.P. No. 10754/2023.
Ordered accordingly.
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The learned Additional Government Advocate is permitted to
file memo of appearance for the respondents within two weeks.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
BKM
