Disposed

Manappuram Finance Ltd. v. the State of Karnataka

Karnataka HC2 Nov 2023WP/24189/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging a Section 91 CrPC notice. The court held that the identical issue was answered by a co-ordinate bench in a similar case regarding gold articles seized under Section 91 CrPC.

What did the court decide?

The writ petition stands disposed as the identical issue was already answered by a co-ordinate bench in a similar case.

Manappuram Finance Ltd. Vs the State of Karnataka — Cheque Dishonour | Karnataka HC (2023)

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1 - NC: 2023:KHC:38995 WP No. 24189 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24189 OF 2023 (GM-POLICE)

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BETWEEN:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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MANAPPURAM FINANCE LTD., A COMPANY INCORPORATED UNDER THE COPANIES ACT, 1956, HAVING REGISTERED OFFICE AT MANAPURAM HOUSE, A.O.VALAPAD, TRISSUR DISTRICT, KERALA – 680 567 HAVING ONE OF ITS BRANCH AT:P.B.ROAD, DAVANAGERE 1^ST FLOOR, BEERESHWAR COMPLEX, NEAR COURT CIRCLE, P.B.ROAD, DAVANAGERE DT., PIN 577 002 REPRESENTED BY AUTHORISED SIGNATORY, AND LEGAL MANAGER MR. JUDE.

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(BY SRI.POORNA PRASAD K.R., ADVOCATE)

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…PETITIONER

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AND:

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THE STATE OF KARNATAKA

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BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.

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NC: 2023:KHC:38995 WP No. 24189 of 2023

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THE SUPERINTENDENT OF POLICE RING ROAD, DEVARAJ URS BADAVANE, DAVANAGERE, KARNATAKA – 577 004.

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THE STATION HOUSE OFFICER INSPECTOR OF POLICE, CEN CRIME POLICE STATION, FIRST FLOOR VIDHAY NAGAR POLICE STATION BUILDING, 1^ST MAIN ROAD, VINAYAKA EXTN, VIDYANAGAR, DAVANAGERE KARNATAKA – 577 005.

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…RESPONDENTS

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(BY SRI.MANJUNATH K., HCGP FOR RESPONDENTS)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE/S BOTH DTD 30.10.2023 ADDRESSED TO MANAPPURAM FINANCE LIMITED, THE PETITIONER HEREIN, BY THE R3, FURNISHED AS ANNEXURE-E AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court calling in question a police notice under Section 91 of the Cr.P.C. dated 30.10.2023.

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The learned counsel appearing for the petitioner would submit that the identical issue is answered by a Co-ordinate Bench of this Court in W.P.No.10754/2023.

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NC: 2023:KHC:38995 WP No. 24189 of 2023

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The learned High Court Government Pleader would also admit the position that the issue stands answered by the judgment rendered by the Co-ordinate Bench. The Co-ordinate Bench W.P.No.10754/2023, disposed on 06.06.2023, has held as follows:

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"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:

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“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.

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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.”

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2. 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.

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NC: 2023:KHC:38995 WP No. 24189 of 2023

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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.

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No costs."

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In the light of the issue standing answered, the petitioner is entitled to the same relief that is granted by

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the Co-ordinate Bench in W.P.No.10754/2023.

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