Disposed

M/S. Muthoot Finance Ltd., v. State of Karnataka

Karnataka HC24 Nov 2023WP/26087/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging a police notice. Relying on a co-ordinate bench's decision in a similar matter, the court held that the petitioner is entitled to the same relief regarding the investigation of gold articles without seizure.

What did the court decide?

The writ petition stands disposed on the ground that the issue is answered by the judgment in a co-ordinate bench.

M/S. Muthoot Finance Ltd., Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2023)

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1 - NC: 2023:KHC:42527 WP No. 26087 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26087 OF 2023 (GM-POLICE)

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BETWEEN:

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M/S. MUTHOOT FINANCE LTD., REP. BY ITS AUTHORIZED SIGNATORY MRS. MANJULA VARIJAKSHA OFFICE AT D. NO. 16-11-616/1 MALABARHILL BUILDING 1^ST FLOOR, FALNIR ROAD MANGALORE - 575 001. A COMPANY REGISTERED KARNATAKA SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1961

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…PETITIONER

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(BY SMT. VIDYA S., ADVOCATE)

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AND:

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

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STATE OF KARNATAKA

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REP. BY ITS HOME SECRETARY VIDHANA SOUDHA BENGALURU - 560 001.

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BANTWAL TOWN POLICE STATION MANGALORE, REPRESENTED BY PUBLIC PROSECUTOR OF HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI. MANJUNATH, HCGP)

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NC: 2023:KHC:42527 WP No. 26087 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 16/11/2023 PASSED BY R2 MARKED AS ANNEXURE-A.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, 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 dated 16.11.2023, issued by respondent No.2.

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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 WP.No.10754/2023.

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The learned High Court Government Pleader would also admit position that the issue stands answered by the judgment rendered by the Co-ordinate Bench. The Co-ordinate Bench in 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

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3 - NC: 2023:KHC:42527 WP No. 26087 of 2023

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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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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 Co-ordinate Bench in the aforesaid writ petition. Accordingly, writ petition stands disposed.

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Sd/JUDGE

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NVJ/List No.: 3 Sl No.: 1/CT:SS

M/S. Muthoot Finance Ltd., v. State of Karnataka

Case brief

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M/S. Muthoot Finance Ltd., v. State of Karnataka

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