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2025 DAILYLAW 55380 (KAR)

SHRI RAVI @ CYCLE RAVI v. THE DEPUTY DIRECTOR

WP/19735/2019 · 2025-09-16

R Nataraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36946 WP No. 19735 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 19735 OF 2019 (GM-RES) BETWEEN: 1. SHRI RAVI @ CYCLE RAVI AGED 42 YEARS, S/O. LATE SHRI MUNIYAPPA, RESIDING AT NO.11B, PRAKRUTI APARTMENT, SHRINIVASPURA MAIN ROAD, RAJARAJESWARI, BANGALORE-560059. 2. SMT. R. RAMYA AGED 42 YEARS, W/O RAVI @ CYCLE RAVI, RESIDING AT NO.11B, PRAKRUTI APARTMENT, SHRINIVASPURA MAIN ROAD, RAJARAJESWARI, BANGALORE-560059. 3. SMT. LAKSHMAMMA AGED ABOUT 70 YEARS, W/O MUNIYAPPA RESIDING AT NO.11B, PRAKRUTI APARTMENT, SHRINIVASPURA MAIN ROAD, RAJARAJESWARI, BANGALORE-560059. …PETITIONERS (BY SRI. CHANDRASHEKARA K., ADVOCATE) AND: THE DEPUTY DIRECTOR DIRECTORATE OF ENFORCEMENT, BANGALORE ZONAL OFFICE, 3RD FLOOR, 'B' BLOCK, BMTC-TTMC BUILDING, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36946 WP No. 19735 of 2019 K.H.ROAD, SHANTHINAGAR, BANGALORE-560027. …RESPONDENT (BY SRI. MADHUKAR M.D., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROVISIONAL ASSESSMENT ORDER NO.05/2019 PASSED BY THE RESPONDENT BEARING ECIR NO.BGZO/04/2018 DATED 29.03.2019 (ANNEXURE-A) AS ILLEGAL AND AB INITIO VOID 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 R. NATARAJ ORAL ORDER The petitioners have challenged a provisional attachment order bearing ECIR No.BGZO/04/2018 dated 29.03.2019 issued by the respondent. The petitioner has also sought for a writ in the nature of mandamus to direct the respondent not to proceed or initiate any further proceedings consequent to the order under Section 5(1) of the Prevention of Money Laundering Act, 2002 (henceforth referred to as 'PML Act'). 2. On a complaint dated 27.06.2018 lodged by the Police Inspector, OCW, CCB, Bengaluru, before Kengeri Police Station, Bengaluru against the petitioner No.1, Crime - 3 - HC-KAR NC: 2025:KHC:36946 WP No. 19735 of 2019 No.239/2018 was registered for the offences punishable under Sections 307, 332, 353 of IPC and Sections 3, 25 and 27 of the Arms Act, 1959. The offences under Sections 25 and 27 of the Arms Act, 1959 were schedule offences under Sections 2(1)(x) and 2(1)(y) of PML Act and therefore, a case in ECIR No.BGZO/04/2018 was registered. Later, there was provisional attachment of the properties of the petitioners and a final report was thereafter, filed against the petitioners for the scheduled offences under PML Act. The petitioners have challenged the order of provisional attachment before this Court on various grounds. 3. When this writ petition was listed for Preliminary Hearing in 'B' Group, the learned counsel for the respondent fairly submitted that Spl.C.C.No.1346/2019 was filed before the XLVII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru and by judgment dated 02.11.2022, petitioner No.1 was acquitted of the offences punishable under Sections 3 and 4 of the PML Act and corresponding order was passed directing the release of the properties that were provisionally attached. He therefore, contends that there is no need to pass any orders in this writ - 4 - HC-KAR NC: 2025:KHC:36946 WP No. 19735 of 2019 petition as the Trial Court has already passed an order to release the properties attached under the provisional attachment order dated 29.03.2019. He however, submits that an appeal is filed against the order of acquittal and the same is pending consideration before this Court in Crl.A.No.322/2023. 4. In view of the above submission, nothing remains for consideration in this writ petition as the provisional order of attachment dated 29.03.2019 is diluted by the Trial Court in Spl.C.C.No.1346/2019 as per the judgment dated 02.11.2022. 5. Accordingly, this writ petition stands disposed off on the above terms, but is subject to the outcome of Crl.A.No.322/2023 pending consideration before this Court. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 41