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2025 DAILYLAW 69631 (KAR)

SRI SHIVAPRASAD M v. UNION OF INDIA

WP/59729/2015 · 2025-09-24

R Nataraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38674 WP No. 59729 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 59729 OF 2015 (GM-RES) BETWEEN: 1. SRI. SHIVAPRASAD M S/O LATE MALLAIAH, AGED 47 YEARS 97/3, F-2, FIRST FLOOR, COLOR APTS, HBCCS, BASVESHWARNAGAR MAIN ROAD, BANGALORE-560 079 2. SMT. VEENA SHIVAPRASAD W/O SHIVAPRASAD, AGED 46 YEARS 97/3, F-2, FIRST FLOOR, COLOR APTS, HBCCS, BASVESHWARNAGAR MAIN ROAD, BANGALORE-560 079 3. SMT. PUTTAGOWRAMMA H W/O LATE MALLAIAH, AGED ABOUT 68 YEARS RESIDING AT MEGHANA NILAYA, SIDDARAMAIAH ROAD, HINKAL VILLAGE, MYSURU. …PETITIONERS (BY SRI. M.N.UMASHANKAR, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, REPRESENTED BY ITS DIRECTOR, DIRECTORATE OF ENFORCEMENT, BANGALORE ZONAL OFFICE, III FLOOR, B BLOCK, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38674 WP No. 59729 of 2015 BMTC BUILDING, SHANTHI NAGAR, K.H. ROAD, BANGALORE-560 027 2. ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT, BANGALORE ZONAL OFFICE, III FLOOR, B BLOCK, BMTC BUILDING, SHANTHI NAGAR, K.H. ROAD, BANGALORE-560 027 …RESPONDENTS (BY SRI. SHANTHI BHUSHAN H., DEPUTY SOLICITOR GENERAL OF INDIA FOR RESPONDENT NO.1; SRI. MADHUKAR DESHPANDE, ADVOCATE FOR RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE PROCEEDINGS OF THE 2ND RESPONDENT IN F.NO.BGZO/21/2015 (ADNA)/1742 DATED 14.12.2015 AT ANNEXURE "A", IN F.NO.BGZO/21/2015(ADNA)/1743 DATED 14.12.2015 AT ANNEXURE "B" AND IN F.NO.BGZO/21/2015(ADNA)/1744 DATED 14.12.2015 AT ANNEXURE "C" AND AFTER EXAMINING THE SAME QUASH AND SET ASIDE THE SUMMONS ISSUED BY THE 2ND RESPONDENT UNDER THE PML ACT 2002, IN NOS.IN F.NO.BGZO/21/2015 (ADNA)/1742 DATED 14.12.2015, AT ANNEXURE "A", IN F.NO.BGZO/21/2015(ADNA)/1743 DATED 14.12.2015 AT ANNEXURE "B" AND IN F.NO.BGZO/21/2015 (ADNA)/1744 DATED 14.12.2015 AT ANNEXURE "C" AND ETC. THIS PETITION, COMING ON FOR FURTHER ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38674 WP No. 59729 of 2015 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ to declare that the Prevention of Money-Laundering (Amendment) Act, 2012 (for short, ‘the PMLA, 2012’) is prospective in operation. They have also sought for a declaration that the PMLA, 2012 in so far as it relates to substituting Section 13 of the provisions of the Prevention of Corruption Act, 1988 to the Prevention of Money Laundering Act, 2002 is unconstitutional. They further seek for a writ in the nature of certiorari to quash the summons issued to them by respondent No.2 bearing Nos.BGZO/21/2015(AD NA)/1742, BGZO/21/2015(AD NA)/1743, BGZO/21/2015(AD NA)/1744 all dated 14.12.2015. 2. Learned counsel for the petitioners after addressing arguments, submitted that he may be permitted to withdraw this petition reserving liberty to file a fresh petition on the same cause of action and subject to the outcome of SLP(Crl.) No.4467/2017 connected with other matters pending before the Hon'ble Supreme Court. - 4 - HC-KAR NC: 2025:KHC:38674 WP No. 59729 of 2015 3. He contends that the question whether the provisions of the Prevention of Money-Laundering Act, 2002 are prospective or retrospective is pending consideration before the Hon'ble Supreme Court and has a direct bearing on this writ petition. He contends that despite the best efforts, the said petition could not be taken up for disposal before the Hon'ble Supreme Court. He, therefore, prays that liberty may be reserved to the petitioners to file a fresh petition on the same cause of action once the Hon'ble Supreme Court takes a decision in the matter. In view of the above, the writ petition is dismissed as withdrawn with liberty as sought for. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 23