Karnataka High Court
CRL.P/7125/2024 of INSPECTOR/CIO Vs FREEDOM EDUCATIONAL AND CHARITABLE TRUST on 29 June 2026
NC: 2026:KHC:32212-DB CRL.P No. 7125 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 7125 OF 2024 BETWEEN: 1. INSPECTOR/CIO NATIONAL
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 7125 OF 2024
BETWEEN:
1.
INSPECTOR/CIO
NATIONAL INVESTIGATION AGENCY,
BRANCH OFFICE,
BENGALURU-560 071.
(REPRESENTED BY
INSPECTOR OF POLICE NIA,
BENGALURU)
2.
DIRECTOR GENERAL
NATIONAL INVESTIGATION AGENCY,
OPP: CGO COMPLEX,
LODHI ROAD,
NEW DELHI-110 003.
(REPRESENTED BY
INSPECTOR OF POLICE NIA,
BENGALURU)
…PETITIONERS
(BY SRI. PRASANNA KUMAR P., SPL. PP (PH))
AND:
FREEDOM EDUCATIONAL AND
CHARITABLE TRUST
SURVEY NO.213,
IDKIDU VILLAGE,
BANTWAL TALUK-574 211,
Digitally
signed by
LAKSHMI T
Location:
High Court
of Karnataka
HC-KAR
DAKSHINA KANNADA DISTRICT,
REPRESENTED BY ITS SECRETARY,
ABUBAKAR SIDDIK.
…RESPONDENT
(RESPONDENT SERVED AND UNREPRESENTED)
THIS CRL.P IS FILED U/S 482 CR.PC., PRAYING TO SET- ASIDE THE ORDER DATED 29.04.2024 PASSED BY THE
LEARNED XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE AND
SPL. JUDGE FOR TRIAL OF NIA CASES, AT BENGALURU (CCH-
50) IN CRIMINAL APPEAL NO.1645/2023, AND CONSEQUENTLY
DISMISS THE CRIMINAL APPEAL NO.1645/2023 AS AGAINST
THE
ADDITIONAL
SECRETARY,
MINISTRY
OF
HOME
AFFAIRS/3RD
RESPONDENT
AND
UNION
OF
INDIA,
REPRESENTED BY JOINT SECRETARY, MINISTRY OF HOME
AFFAIRS/4TH RESPONDENT.
THIS PETITION, COMING ON FOR ADMISSION, 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)
Respondent is served but unrepresented.
2. The order dated 29.04.2024 passed by the learned XLIX Additional City Civil and Sessions Judge and Spl. Judge for trial of NIA case, Bengaluru (CCH-50) in Crl.A No.1645/2023 is under challenge in this appeal.
HC-KAR
3. Vide impugned order, the learned Judge has issued notice to respondent Nos.3 and 4, rejecting the memo filed on their behalf.
4. It is contended by the learned Spl. PP for petitioners that respondent No.3 acted as a quasi-judicial authority and respondent No.4 has not passed the order of attachment, under challenge before the Appellate Court and hence, they need not be arraigned as respondents before the Appellate Court.
5. This Court on 17.03.2025 has passed an interim order staying the operation of the impugned order dated 29.04.2024.
6. Petitioners herein, respondent Nos.1 and 2 before the appellate Court, are the investigating agency. They are notified and they are appearing and contesting the case before the Appellate Court. Hence, respondent Nos.3 and 4, may not be necessary parties to decide the issue in question.
HC-KAR
7. For the aforesaid reasons, the impugned order dated 29.04.2024 passed in Crl.A No.1645/2023 by the Court of XLIX Additional City Civil and Sessions Judge and Spl. Judge for trial of NIA Cases, Bengaluru, is set aside. Petition is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
Sd/- (G BASAVARAJA) JUDGE
HB List No.: 1 Sl No.: 16