Sri Harish K N Vs the Directorate of Enforcement

SRI HARISH K. N., S/O K. M. NANJEGOWDA, AGED ABOUT 46 YEARS, R/A 6482/2, BEHIND CHAITRA SCHOOL, MALAVALLI TALUK, KIRUGAVALU P.O., MANDYA DISTRICT – 571 424.

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…PETITIONER

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(BY SRI. SUNIL KUMAR S., ADVOCATE)

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AND:

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THE DIRECTORATE OF ENFORCEMENT THROUGH ASSISTANT DIRECTOR, BENGALURU ZONAL OFFICE, BENGALURU – 560 078 THROUGH ITS SPECIAL PUBLIC PROSECUTOR.

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Digitally signed by CHANDANA B M Location: High Court of Karnataka

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…RESPONDENT

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(BY SRI. ARVIND KAMATH, ASGI A/W SRI. MADUKAR DESHPANDE, CGC)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 R/W SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE NOTICE DATED 14.05.2025 UNDER SECTION 50 OF THE PREVENTION OF MONEY LAUNDERING ACT 2002 ISSUED BY THE RESPONDENT - ED VIDE ANNEXURE – ‘E’ AND CONSEQUENTLY QUASH ALL FURTHER PROCEEDINGS PURSUANT FILE TO THE REGISTRATION OF ECIR/BGZO/06/2025 PENDING ON THE FILE OF THE PRINCIPLE CITY CIVIL AND SESSIONS JUDGE BENGALURU (CCH-1).

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NC: 2025:KHC:18860 WP No. 14744 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR ORDERS , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioner seeks the following reliefs:

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(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-‘E’ and consequently, quash all 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-2).

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(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.”

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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.

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Learned counsel for the petitioner and learned ASGI and CGC for the respondent jointly submit that through summons dated 14.05.2025 vide Annexure-E, pursuant to registration of ECIR/BGZO/06/2025 is assailed in the present petition.

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3 - NC: 2025:KHC:18860 WP No. 14744 of 2025

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HC-KAR

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Subsequently, the respondents have issued one more summons to the very same petitioner on 30.05.2025 requiring him to appear on 02.06.2025 and that the petitioner having appeared on 02.06.2025 has been asked to once again appear on 12.06.2025. Learned counsel for the petitioner, on instructions, submits that the petitioner would appear before the respondent on 12.06.2025, without prejudice to the rights and contentions of both parties, the impugned proceedings in relation to the impugned summons dated 14.05.2025 may be quashed.

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Per contra, learned ASGI for the respondents submits that having issued summons on 30.05.2025, the present petition has been rendered infructuous.

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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 12.06.2025, the question of respondent taking any precipitative/coercive steps against the petitioner pursuant to the impugned summons dated 14.05.2025 in the facts and circumstances of the instant case.

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NC: 2025:KHC:18860 WP No. 14744 of 2025

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HC-KAR

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Under these circumstances, nothing further survives in

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the present petition and the same is disposed of directing the petitioner to appear before the respondent on 12.06.2025, 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. Liberty is reserved in favour of the petitioner to take recourse to such remedies as available in law.

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Subject to the aforesaid observations and directions, the petition stands disposed of.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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BMC

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List No.: 1 Sl No.: 124

Sri Harish K N v. the Directorate of Enforcement

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Sri Harish K N v. the Directorate of Enforcement

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