Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 24 October, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:42961
WP No. 28729 of 2024
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. 28729 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-680 567,
HAVING ONE OF ITS BRANCH AT
1ST PHASE J P NAGAR, BUILDING NO.57-286-17,
1ST FLOOR(MUNICIPAL NO.17), KARIYAPPA ROAD,
SHAKAMBARI NAGAR, OPP. TALUK OFFICE,
J P NAGAR BENGALURU-560 078,
REPRESENTED BY THE MANAGER ASHOK E.
...PETITIONER
(BY SRI. ANISH JOSE ANTONY., ADVOCATE)
AND:
Digitally signed by B
K
MAHENDRAKUMAR 1. THE STATE OF KARNATAKA
Location: HIGH
COURT OF
BY ITS SECRETARY, HOME DEPARTMENT
KARNATAKA VIDHANA SOUDHA, BENGALURU-560 001.
2. THE STATION HOUSE OFFICER/
INVESTIGATION OFFICER
NO.441/6A, 4TH A CROSS ROAD,
BAGALAGUNTE, BANGALORE-560 073.
...RESPONDENTS
(BY SRI. K P YOGANNA., AGA)
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
-2-
NC: 2024:KHC:42961
WP No. 28729 of 2024
VIOLATION OF FUNDAMENTAL RIGHTS GUARANTEED UNDER
ARTICLE 14 AND 19(1)(g) OF THE CONSTITUTION OF INDIA IN THE
INTEREST OF JUSTICE AND EQUITY.
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
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
NC: 2024:KHC:42961
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.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
BKM
