Karnataka High Court
WP/11816/2022 of SRI NITESH SHETTY Vs THE DIRECTOR on 12 June 2026
NC: 2026:KHC:28588 WP No. 11816 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO.11816 OF 2022 (GM-RES) BETWEEN: SRI NITESH SHETTY S/O P.V. SHETTY NO.6A, NITESH MAYFAIR, KASTURBA ROAD
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
WRIT PETITION NO.11816 OF 2022 (GM-RES)
BETWEEN:
SRI NITESH SHETTY
S/O P.V. SHETTY
NO.6A, NITESH MAYFAIR,
KASTURBA ROAD CROSS,
BENGALURU 560 001.
…PETITIONER
(BY SRI SIDDHARTH SUMAN, ADVOCATE)
AND:
1.
THE DIRECTOR
ENFORCEMENT DIRECTORATE
BMTC B BLOCK,
3rd FLOOR, SHANTHINAGAR
K.H ROAD, WILSON GARDEN
BENGALURU 560 027.
2.
THE ASSISTANT DIRECTOR
DIRECTOR OF ENFORCEMENT
BENGALURU ZONAL OFFICE,
BMTC B BLOCK, 3rd FLOOR,
SHANTHINAGAR, K.H ROAD,
WILSON GARDEN, BENGALURU - 560 027.
…RESPONDENTS
(BY SRI UNNIKRISHNAN M., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE SUMMONS
BEARING
NO.PMLA/SUMMON/BGZO/2022/375
IN
F
NO.ECIR/
BGZO/35/2022-312 DATED 22.4.202 AND THE SUMMON BEARING
NO.PMLA/SUMMON/BGZO/2022/503
IN
F
NO.ECIR/
BGZO/35/
Digitally signed
by ANUSHA V
Location: High
Court of
Karnataka
HC-KAR
2022/745 DATED 27.5.2022 ISSUED BY THE R-2 i.e., ANNEXURE-A
AND B AND ALL FURTHER PROCEEDINGS THEREON AS ARBITRARY
ILLEGAL AND UNJUST.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE RAVI V HOSMANI
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ORAL ORDER
This petition is filed seeking for following reliefs.
(a) To issue a writ of certiorari or such other appropriate writ or orders or directions, quashing the Summon bearing No.PMLA/SUMMON/BGZO/2022/375 in F.No.ECIR/BGZO/35/2022/312 dated 22.04.2022 and the Summon bearing No.PMLA/SUMMON/BGZO/2022/503 in F.No.ECIR/BGZO*/35/2022/745 dated 27.05.2022 issued by the 2nd respondent, (i.e. Annexures - A and B) and all further proceedings thereon as arbitrary, illegal and unjust.
(b) To award costs and grant such other reliefs as this Hon'ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity.
2. Sri Siddharth Suman, learned counsel for petitioner submitted that impugned summons were issued by respondents
HC-KAR
- Directorate of Enforcement in pursuance of 3 complaints filed by YES Bank Limited with Cubbon Park Police Station, Bangalore registered as Crime no.61/2021 on 19.06.2021 for offences punishable under Sections 406, 409, 420 read with Section 34 of Indian Penal Code, 1860 ('IPC'). It was submitted, in said proceedings, Police had filed 'B' report. Though protest petition was filed, same was withdrawn and IV Additional Chief Metropolitan Magistrate, Bangalore had vide order dated 11.04.2022 accepted 'B' report, resulting in closure of proceedings in Crime no.61/2021. Consequently, summons issued by Directorate of Enforcement would not sustain.
3. Sri Unnikrishnan M, learned counsel for respondents does not dispute submission.
4. Taking note of submission and closure of original proceedings, petition is allowed, impugned summons as well as proceedings before respondents are quashed.
Sd/- (RAVI V HOSMANI) JUDGE GRD List No.: 1 Sl No.: 16