Karnataka High Court
Manappuram Finance Ltd vs The State Of Karnataka on 29 October, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2024:KHC:43823
WP No. 29181 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 29181 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:-
MARIGUDI STREET KOLLEGALA BUIDLING NO.9/154
1ST FLOOR, MODI MENTION MARIGUDI STREET
NEAR MARAMMA TEMPEL
CHAMARAJNAGAR DISTRICT-571 440
REP. BY AUTHORIZED SIGNATORY
AND AREA HEAD
VADIVELMURUGAN A.
Digitally signed by ...PETITIONER
R HEMALATHA
Location: HIGH
(BY SRI. POORNA PRASAD K.R., ADVOCATE)
COURT OF
KARNATAKA
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY, HOME DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560 001.
2. SUPERINTENDENT OF POLICE
CHAMARAJANAGAR DISTRICT
KARNATAKA-571 440.
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NC: 2024:KHC:43823
WP No. 29181 of 2024
3. THE STATION HOUSE OFFICER
KOLLEGAL CITY POLICE STATION
KARNATAKA-571 440.
...RESPONDENTS
(BY SRI. K.P. YOGANNA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTICE DATED 28.10.2024 ISSUED U/S 94 OF
THE BNSS ADDRESSED TO MANAPPURAM FINANCE LIMITED
THE PETITIONER HEREIN, BY THE R-3 FURNISHED AS
ANNEXURE-E REF. SAM/KO.PA/PO.TANNE/MOO.SO/204/2024.
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. 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.
NC: 2024:KHC:43823
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."
3. 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.
4. 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
