Karnataka High Court
WP/22354/2026 of ASIM SHERIFF Vs NATIONAL INVESTIGATION AGENCY on 23 July 2026
CNR: KAHC010497632026 NC: 2026:KHC:37960-DB WP No. 22354 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE G BASAVARAJA WRIT PETITION NO. 22354 OF 2026 (GM-RES) BETWEEN: ASIM
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
WRIT PETITION NO. 22354 OF 2026 (GM-RES)
BETWEEN:
ASIM SHERIFF
S/O LATE M. ANWAR @ M. ANAWAR
AGE ABOUT 43 YEARS
OCCUPATION - WOOD POLISH DEALER
R/AT NO - 6/1, S. K. GARDEN,
BENSON TOWN, BANGALORE -560046
(PETITIONER IN JUDICIAL CUSTODY
SINCE 9.5 YEARS)
…PETITIONER
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
NATIONAL INVESTIGATION AGENCY
MINISTRY OF HOME AFFAIRS
BRANCH OFFICE, BENGALURU
#3RD FLOOR, BSNL TELEPHONE EXCHANGE,
HAL 2ND STAGE, INDIRANAGAR,
BANGALORE - 560008
REPRESENTED BY ITS
SUPERINTENDENT OF POLICE.
…RESPONDENT
(BY SRI. P. PRASANNA KUMAR, SPL. PP)
Digitally signed by
LAKSHMINARAYAN N
Location: High Court of
Karnataka
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THIS WRIT PETITION IS FILED UNDER SECTION 21(4) OF
NATIONAL INVESTIGATION AGENCY ACT PRAYING TO ISSUE
A WRIT IN THE NATURE OF MANDAMUS, OR ANY OTHER
APPROPRIATE WRIT, DIRECTING LEARNED XLIX ADDL. CITY
CIVIL AND SESSIONS JUDGE (SPECIAL JUDGE FOR TRIAL OF
NIA CASES (CCH-50), TO PRONOUNCE ORDERS ON THE
PETITIONERs APPLICATION FILED UNDER SECTION 45 OF THE
UNLAWFUL
ACTIVITIES
(PREVENTION)
ACT,
1967,
AT
ANNEXURE-A FILED IN SPL. C 181/2017 UNDER SECTION
302, 201 READ WITH SECTION 34 OF IPC AND SECTION 3
AND 27 OF ARMS ACT AND UNDER SECTIONS 15, 16, 17, 18
AND 20 OF UNLAWFUL ACTIVITIES (PREVENTION) ACT 1967, WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED No. 5
WITHIN A PERIOD OF TWO WEEKS AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
and
HON'BLE MR. JUSTICE G BASAVARAJA
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)
1. The appellants have made a limited prayer in this writ petition seeking a writ in the nature of mandamus, directing the learned XLIX Addl. City Civil and Sessions Judge and Spl. Judge for NIA Cases (CCH-50), Bengaluru to pronounce the orders on the petitioners'
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application filed under Section 45 of the Unlawful Activity (Prevention) Act, (1967) (for short "the UAP Act").
2. The petitioner is accused No.5 in Spl.C No.181/2017, pending before the trial Court. He is facing trial along with other accused for the offences punishable under Section 302, 201 read with Section 34 of IPC, Section 3 and 27 of Arms Act and Sections 15, 16, 17, 18 and 20 of Unlawful Activities (Prevention) Act, 1967.
3. Application under Section 45 of UAP Act, 1967 was filed before the trial Court seeking the following prayer. "Wherefore, in the view of latest legal position as explained in Fuleshwar Gope v. Union of India, 2024 SCC Online SC 2610, undersigned counsel humbly prays to summon the records of impugned prosecutions sanction i.e. 19/04/2017 filed in this case and examine the sanction and recommendation authority to test the veracity of impugned sanction, in the interest of justice and equity."
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4. The material on record reveals that the respondent/NIA filed statement of objections to the said application on 22/07/2025. Thereafter, parties were heard and on 16/10/2025, the trial Court posted the matter for orders on the said application.
5. It is the grievance of the petitioner that, as on today, no orders are passed on the application filed by the petitioner under Section 45 of the UAP Act.
6. Having regard to the submission made by the learned counsel for the petitioner and considering that the arguments on the application are heard and the matter was posted for orders, we deem it appropriate to direct the trial Court to dispose of the application, as expeditiously as possible, within a period of 15 days from the date of receipt of this order.
7. We have not expressed anything on the merits of the case.
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Writ Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE
Sd/- (G BASAVARAJA) JUDGE
KBM., List No.: 1 Sl No.: 2