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2025 Supreme(Online)(Kar) 25842

KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
MR SUDHEENDRA SEENA POOJARY – Appellant
Versus
ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: SRI. HASHMATH PASHA, SENIOR COUNSEL FOR SRI. MOHAMMED MUBARAK
For the Respondents: SRI. PRASANNA KUMAR P.

Table of Content
1. petitioner seeks defreezing of bank account based on quashed fir. (Para 1 , 2 , 3 , 4)
2. arguments presented about improper trial court considerations. (Para 5 , 6 , 11)
3. court analysis of trial court errors and procedure violations. (Para 7 , 9 , 12)
4. due process under pmla emphasized in freezing actions. (Para 8 , 10)

ORAL ORDER

“Wherefore, the petitioner most humbly prays that this Hon’ble Court be pleased to set aside the order dated 20.10.2023 passed in Criminal Mis.No.7013/2023 on the file of Hon’ble Principal City Civil and Sessions Judge, Bengaluru City and consequently issue direction to defreeze his bank account No.004910500063985 in Bharath Co- operative Bank (Mumbai) Ltd., Kundapura Branch, in ECIR/BGZO/02/2021/970 and allow him to operate the above said Bank account, on such terms and condition, in the ends of justice.”

3. The petitioner preferred Crl.P.No.7735/2019 seeking quashing of the aforesaid FIR in Crime No.177/2019 which was allowed by this Court vide final order dated 26.02.2020. Subsequently, the respondent / ED authorities issued the instant Enforcement Case Information Report (ECIR ) dated 13.01.2021 based on the aforesaid FIR in Crime No

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