Karnataka High Court
Muthoot Finance Limited vs State Of Karnataka on 24 October, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:42965
WP No. 7809 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 7809 OF 2023 (GM-POLICE)
BETWEEN:
MUTHOOT FINANCE LIMITED
CHIKKAGOLLARAHATTI BRANCH
REP BY ITS ASSISTANT MANAGER
INCHARGE, RANJIT K N
S/O NARAYANAPPA
AGED ABOUT 28 YEARS
NO 44/1, OLD NO 44, KHATA NO 162/44
DASANAPURA HOBLI,
CHIKKAGOLLARAHATTI
BENGALURU 560 091
REGISTERED UNDER COMPANIES ACT 1956.
...PETITIONER
(BY SRI. ANISH JOSE ANTONY., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed by
R HEMALATHA REPRESENTED BY THE CHIEF SECRETARY,
Location: HIGH VIDHANA SOUDHA, AMBEDKAR VEEDHI,
COURT OF BENGALURU 560 001.
KARNATAKA
2. DIRECTOR GENRAL AND INSPECTOR
GENERAL OF POLICE
KARNATAKA STATE POLICE
HEAD QUARTERS NO 2, NRUPATUNGA ROAD
BENGALURU 560 001.
3. THE COMMISSIONER OF POLICE
INFANTRY ROAD, VASANTH NAGAR
BENGALURU 560 051.
4. INSPECTOR OF POLICE
VIJAYANAGAR POLICE STATION
-2-
NC: 2024:KHC:42965
WP No. 7809 of 2023
BENGALURU, REP BY
STATE PUBLIC PROSECUTOR
DR AMBEDKAR VEEDHI
HIGH COURT UNIT
BENGALURU 560 001.
...RESPONDENTS
(BY SRI. K P YOGANNA., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUING WRIT OF CERTIORARI BY QUASHING THE
IMPUGNED NOTICE BEARING NO.O1PS/CR. NO-26/2023
DATED 27-03-2023 ISSUIED BY THE 4THE RESPONDENT VIDE
ANNEXURE-B.
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
NC: 2024:KHC:42965
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
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.
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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.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
BKM
