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2025 DAILYLAW 25394 (KAR)

K S SADASHIVA v. THE ASSISTANT DIRECTOR

WP/13301/2025 · 2025-04-29

Hemant Chandangoudar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17836 WP No. 13301 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 13301 OF 2025 (GM-RES) BETWEEN: 1. K S SADASHIVA S/O LATE SHAKARA NARAYANA BHAT AGED ABOUT 71 YEARS, PROF:CHARTERED ACCOUNTANT, PROP. KS SADASHIVA & CO. NO.202/K-42, 1ST FLOOR, CHELUVAMBA AGRAHARA, MYSORE-570024, ALSO AT: R/O. NO. 54, BLOCK 23, BM COLONY SRIRAMPURA, 2ND STAGE, MYSURE 570 023 …PETITIONER (BY SRI. GURURAJ JOSHI., ADVOCATE) AND: 1. THE ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT THE PREVENTION OF MONEY-LAUNDERING ACT, 2002, MINISTRY OF FINANCE, BANGALORE ZONAL OFFICE, BMTC BLOCK, 3RD FLOOR, SHANTINAGAR, KH ROAD, WILSON GARDEN, BENGALURU, KARNATAKA-560027. …RESPONDENT (BY SRI. UNNIKRISHNAN M.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SECTION 528 OF THE BHARATIYA NYAYA SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE SUMMON NO.PMLA-SUMMON-BGZO-2025-3048 DTD-01.04.2025 UNDER THE PREVENTION OF MONEY-LAUNDERING ACT, 2002 (15 OF 2003) ISSUED BY THE RESPONDENT (ANNEXURE-A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17836 WP No. 13301 of 2025 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Sri UnniKrishnan M. accepts notice for the respondent. 2. Heard the learned counsel for the petitioner and learned counsel for the respondent. 3. The petitioner challenges the summons issued under Section 50 the Prevention of Money-Laundering Act, 2002 primarily on the ground that the summons does not disclose the necessity for the appearance of the petitioner to produce documents/records or give evidence. 4. The learned counsel for the respondent –Directorate of Enforcement submitted that a fresh summons will be issued strictly in conformity with Section 50 of the PMLA. 5. Submission is placed on record. 6. Therefore, the petition stands disposed of reserving liberty to the Enforcement Directorate to issue a summons afresh under Section 50 of PMLA by disclosing the necessity for the appearance of the petitioner to give evidence/statement/production of documents or records. Ordered accordingly, Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR/List No.: 1 Sl No.: 106