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2025 DAILYLAW 26516 (AP)

PASUPARTHY LATHA v. UNION OF INDIA

WP/18967/2025 · 2025-07-21

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010375942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18967/2025 Between: 1. PASUPARTHY LATHA, W/O PRADEEP KUMAR AGED 54 YEARS, OCC HOUSEWIFE, R/O. FLAT NO.409, CLOUD 9 APARTMENT, VENKATARAMANA COLONY, KURNOOL, ANDHRA PRADESH ...PETITIONER AND 1. UNION OF INDIA, UNION OF INDIA REPRESENTED BY ITS FINANCE SECRETARY, MINISTRY OF FINANCE, (ENFORCEMENT DIRECTORATE) SOUTH BLOCK, NEW DELHI. 2. THE ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, 1-83-47, PLOT NO HIG-244, SECTOR-4, MVP COLONY, VISAKHAPATNAM, ANDHRA PRADESH. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing Summon No.PMLA / SUMMON / VKSZO / 2025/764 in F.No VKSZO /1 / 2024 dated 18-07-2025, as illegal, arbitrary and in violation of Article 21 of the o Constitution of India, and consequently set aside the said Summon No.PMLA / SUMMON / VKSZO / 2025/764 in 2 F.No.VKSZO / 1 / 2024 dated 18-07-2025 issued by the 2nd respondent, and pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant stay of all further proceedings pursuant to the Summon No.PMLA / SUMMON / VKSZO / 2025/764 in F.No.: VKSZO / 1 / 2024 dated 18-07-2025 issued by the 2nd respondent, pending disposal of the main Writ Petition, and to pass such other orders as deem fit in the circumstances of the case. Counsel for the Petitioner: 1. V R MACHAVARAM Counsel for the Respondent(S): 1. The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18967/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…..may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of „Writ of Mandamus‟ declaring the action of the 2nd respondent in issuing Summon No.PMLA / SUMMON / VKSZO / 2025/764 in F.No.:VKSZO /1 / 2024 dated 18-07-2025, as illegal, arbitrary and in violation of Article 21 of the o Constitution of India, and consequently set aside the said Summon No.PMLA / SUMMON / VKSZO / 2025/764 in F.No.: VKSZO / 1 / 2024 dated 18-07-2025 issued by the 2nd respondent and pass such…..” 2. Heard the learned counsel for the petitioner and Sri Josyula Bhaskara Rao, the learned Standing Counsel for Enforcement Directorate. 3. Learned counsel for the petitioner submits that the petitioner is the mother of the notice receipter Sri Pasuparthy Jayanth Sai. It is submitted that an ECIR has been registered by the 2nd respondent against the petitioner's husband, who is the father of Sri Pasuparthy Jayanth Sai and other family members including the petitioner. Since, certain amounts allegedly have been credited by the petitioner's husband into the account of Sri Pasuparthy Jayanth Sai, he was brought under scrutiny. Pursuant thereto, the 2nd respondent 4 issued summons bearing No.PMLA/SUMMON/VKSZO/2025/764 in F.No.VKSZO/1/2024, dated 18.07.2025, directing Sri Pasuparthy Jayanth Sai to appear before the said authority on 23.07.2025. In response, on 20.07.2025, the father of Sri Pasuparthy Jayanth Sai addressed an email to the 2nd respondent explaining his son's inability to appear on the scheduled date, citing his ongoing preparation for the UPSC Civil Services (Mains) Examination scheduled to be held in the month of August, 2025. A request was therefore made to defer the date of appearance in view of the said examinations. 4. It appears that there is an ECIR was registered against the husband of the petitioner. In view of the same, the impugned summons has been issued against the son of the petitioner herein. 5. Considering the constraints of the son of the petitioner and considering the situations and ongoing preparation of him, this Court is inclined to direct the 2nd respondent to consider the request of the son of the petitioner for deferment of the date of appearance, since he undertakes by way of reply through mail dated 20.07.2025, seeking any further date i.e., on or after the first week of September, 2025. 6. Therefore, the appearance of the son of the petitioner i.e., Sri Jayanth Sai, on 23.07.2025, is hereby differed. 5 7. The next date of appearance would be as and when the 2nd respondent issues fresh summons fixing the next date of appearance i.e., in the first week of September, 2025, the petitioner's son shall duly appear before the authority and extend full cooperation to the proceedings 8. The learned Standing Counsel for Enforcement Directorate is directed to inform the order of this Court to the 2nd respondent. 9. In the result, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 22.07.2025 SCH 6 114 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.18967 of 2025 22.07.2025 SCH