Disposed

Manappuram Finance Ltd., v. the State of Karnataka

Karnataka HC2 Sept 2024WP/24283/2024

Case brief

AI extract

What is this about?

Writ petition challenging the seizure of gold articles pledged by customers. Court extended relief from a coordinate bench order holding that Investigating Officers cannot seize pledged gold but can summon it for investigation. Subsequently, granted liberty to approach the jurisdictional Magistrate for release of seized articles.

What did the court decide?

Liberty granted to approach the jurisdictional Magistrate for release of the gold articles seized.

Manappuram Finance Ltd., Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2024)

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1 - NC: 2024:KHC:35673 WP No. 24283 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 24283 OF 2024 (GM-POLICE)

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BETWEEN:

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MANAPPURAM FINANCE LTD., HAVING REGISTERED OFFICE AT MANNAPPURAM HOSUE A O VALPAD TRISSUR DISTRICT, KERALA HAVING ONE OF ITS BRANCH AT MANAPPURAM FINANCE LIMITED NO.374/374 VINAYAKA NILAYAM, 1ST FLOOR BENNERGHATTA MAIN ROAD GOTTIGERE, BENGALUR DT., -560 068 REPRESENTED THROUGH ITS AUTHORIZED REPRESENTATIVES AND AREA MANAGER MR NEELAM SALMAN

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…PETITIONER

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(BY SRI. POORNA PRASAD K R, ADVOCATE)

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AND:

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

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THE STATE OF KARNATAKA BY ITS SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001.

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COMMISSIONER OF POLICE BANGALORE CITY KARNATAKA-560 001.

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INSPECTOR OF POLICE RAJARAJESHWARINAGAR POLICE STATION IDEAL TOWNSHIP MAIN ROAD, WG7C+57F JAWAHARLAL NEHRU RD SACHIDANANDA NAGAR

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NC: 2024:KHC:35673 WP No. 24283 of 2024

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RAJARAJESHWARI NAGAR BENGALURU-560 098.

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…RESPONDENTS

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(BY SRI. SHAMANTH NAIK, HCGP)

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THIS W.P. IS FILED THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION WRIT OF PROHIBITION OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, PROHIBITING THE RESPONDENTS FROM ACTING CONTRARY TO THE PROVISIONS OF LAW.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The learned High Court Government Pleader accepts notice for the respondents.

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The petitioner seeks a declaration that the interference by the respondents in the petitioner’s business, specifically the forceful seizure of gold articles pledged by its customers, is arbitrary and in violation of fundamental rights under Articles 14 and 19(1)(g) of the Constitution of India.

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The issue involved in this petition was examined by a coordinate Bench of this Court in WP No. 10754/2023 (dated 06.06.2023). In that case, relying on the decision in WP No. 22441/2022 (dated 15.11.2022), it was held as follows in paragraphs 2 and 3 of the said judgment:

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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

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3 - NC: 2024:KHC:35673 WP No. 24283 of 2024

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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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Therefore, it is expedient to dispose of the writ petition in terms of the order passed in the aforesaid petition.

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The relief granted to the litigant in the cognate writ petition is extended to the petitioner herein as well, mutatis mutandis .

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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bkm

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NC: 2024:KHC:35673 WP No. 24283 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU [MANAPPURAM FINANCE LTD., VS. THE STATE OF KARNATAKA AND OTHERS]

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04.12.2024 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER 'FOR BEING SPOKEN TO'

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This Court had disposed of the petition on 02.09.2024 and on the same day the Police seized the gold articles from the petitioner.

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In view of the above, the petitioner is granted liberty to approach the jurisdictional Magistrate for release of the gold articles seized in relation to Crime No.225/2024, Rajarajeshwari Nagara Police Station. If such an application is filed by the petitioner, the jurisdictional Magistrate to consider the same in accordance with law.

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This order shall be read in Conjunction with the order dated 02.09.2024 passed in W.P.No.24283 of 2024.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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BKN

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List No.: 1 Sl No.: 35

Manappuram Finance Ltd., v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Manappuram Finance Ltd., v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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