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2025 DAILYLAW 26998 (KAR)

SRI. MANJUNATH K.M v. THE DIRECTORATE OF ENFORCEMENT

WP/14757/2025 · 2025-06-04

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18859 WP No. 14757 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14757 OF 2025 (GM-RES) BETWEEN: SRI. MANJUNATH K.M., S/O MAHALINGU M. L., AGED ABOUT 32 YEARS, R/A BEHIND CHAITRA SCHOOL, KIRUGAVALU, MANDYA DISTRICT – 571 424 …PETITIONER (BY SRI. LAKSHMIKANTH G., ADVOCATE) AND: THE DIRECTORATE OF ENFORCEMENT THROUGH ASSISTANT DIRECTOR, BENGALURU ZONAL OFFICE, BENGALURU – 560 078 THROUGH ITS SPECIAL PUBLIC PROSECUTOR …RESPONDENT (BY SRI. ARVIND KAMATH, AGAI A/W SRI. MADUKAR DESHPANDE, CGC) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUION OF INDIA, 1950 R/W SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE SUMMONS/NOTICE DATED 14.05.2025 UNDER SECTION 50 OF THE PREVENTION OF MONEY LAUNDERING ACT 2002 ISSUED BY THE RESPONDENTS ED ANNEXURE –B PMLA/SUMMONS/BGZO/2025/3192/9518 CONSEQUENTLY, STAY FURTHER PROCEEDINGS PURSUANT TO THE REGISTRATION OF ECIR/BGZO/06/2025 PENDING ON THE FILE OF THE PRINCIPLE CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-1). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18859 WP No. 14757 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: (i) Issue a Writ of certiorari and quash the summons/notice dated 14/05/2025 under Section 50 of the Prevention of Money laundering Act, 2002 issued by the Respondent – ED vide Annexure-‘B’ PMLA/Summons/BGZO/2025/3192/9518 consequently, stay further proceedings pursuant to the registration of ECIR/BGZO/06/2025 pending on the file of the Principal City Civil and Sessions Judge, Bengaluru (CCH-1). (ii) Issue such other writ or grant such other relief as this Hon’ble court deems fit in the facts and the circumstances of the case in the ends of justice.” 2. Heard learned counsel for the petitioner, learned ASGI along with CGC for the respondent and learned counsel for the respondent and perused the material on record. 3. Learned counsel for the petitioner and learned ASGI and CGC for the respondent jointly submit that the respondent issued summons on 28.04.2025 directing the petitioner to appear on 01.05.2025. Thereafter, the petitioner appeared before the respondent on 01.05.2025. Subsequently, summons dated - 3 - HC-KAR NC: 2025:KHC:18859 WP No. 14757 of 2025 14.05.2025 vide Annexure-B, pursuant to registration of ECIR/BGZO/06/2025 was issued to the petitioner and the same is assailed in the present petition. 4. Per contra, learned ASGI for the respondents submits that the petitioner has appeared today and will be intimated of the next date of hearing, if any, by the respondent. 5. Petitioner undertakes to appear on before the respondent on the next date of hearing to be intimated by the respondent. 6. In view of the aforesaid facts and circumstances, it is needless to state that having issued summons on 30.05.2025, the petitioner has appeared on 02.06.2025 and has undertaken to appear on the next date to be intimated by the respondent. Under these circumstances, nothing further survives in the present petition and the same is disposed of directing the petitioner to appear before the respondent on the next date of hearing to be intimated by the respondent, without prejudice to his rights and contentions. Respondents are at liberty to take action, in accordance with law, pursuant to the summons dated 30.05.2025. - 4 - HC-KAR NC: 2025:KHC:18859 WP No. 14757 of 2025 Liberty is reserved in favour of the petitioner to take recourse to such remedies as available in law. 7. Subject to the aforesaid observations and directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 1 Sl No.: 125