Writ petition challenging a Section 91 CrPC notice to a finance company over pledged gold ornaments in a criminal case. The ornaments had already been seized and produced before the Magistrate, rendering the petition infructuous; liberty given to seek release before the Magistrate.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 16874 OF 2023 (GM-POLICE)
BETWEEN:
MANAPPURAM FINANCE LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, HAVING REGISTERED OFFICE AT AVALAHALLI BUILDING NO.521/21/2, 1ST FLOOR, GANESHA BUILDING, NEAR GEETHA HOSPITAL, VIRGO NAGAR, AVALAHALLI, BANGALORE DISTRICT-560 049 KARNATAKA REPRESENTED BY AUTHORISED SIGNATORY, AND LEGAL MANAGER MR. JUDE G.
…PETITIONER
(BY SRI. POORNA PRASAD K.R., ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. K.P. YOGANNA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 31.07.2023 ISSUED U/S 91 OF THE CRPC IN CRIME NO.112/23 ADDRESSED TO MANAPPURAM FINANCE LIMITED, THE PETITIONER HEREIN, BY THE R3 FURNISHED AS ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the notice issued by the 3rd respondent to summoning the petitioner to appear and seizure of the gold ornaments which was pledged with the petitioner by the accused No.3.
NC: 2024:KHC:48988 WP No. 16874 of 2023
appropriate application before the Jurisdictional Magistrate requesting for release of the gold ornaments which was seized from the petitioner following the impugned notice, and if such an application is filed, the Jurisdictional Magistrate to consider the same in accordance with law.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
HR
1 issue framed by the court
Whether the notice under Section 91 CrPC summoning the petitioner and leading to seizure of pledged gold ornaments should be quashed.
2 provisions across 2 enactments
Manappuram Finance Ltd
The State of Karnataka by its Secretary, Home Department
The Superintendent to Police, Kolar
The Police Inspector, Kolar Town Police Station
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
