Karnataka High Court
WP/6439/2025 of NASEER PASHA Vs THE STATE OF KARNATAKA on 2 June 2026
NC: 2026:KHC:25652-DB WP No. 6439 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 6439 OF 2025 (GM-RES) BETWEEN: 1. NASEER PASHA, S/O. MOHAMMED HASHAM,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 6439 OF 2025 (GM-RES)
BETWEEN:
1.
NASEER PASHA,
S/O. MOHAMMED HASHAM,
AGED ABOUT 44 YEARS,
R/AT NO 519, 11TH CROSS,
PILLANNA GARDEN,
3RD STAGE, K.G. HALLI,
BANGALORE - 560 045.
2.
SHEIKH EJAZ ALI,
S/O SHAIK SADIQ ALI,
AGE ABOUT 51 YEARS,
R/AT NO 5-993/61/D,
MEHABOOB NAGAR,
NEAR TIPPU SULTAN CHOWK,
RING ROAD,
KALABURAGI - 585 104.
3.
ABDUL KHADAR @ P. ABDUL KHADAR
@ ABDUL KHADAR PUTTURU,
S/O LATE ISMAIL,
AGED ABOUT 58 YEARS,
R/AT NO -9/228A,
LOWER BAZAR HOUSE,
NEAR TOUHID SCHOOL,
BANTWAL,
DAKSHINA KANNADA - 574 211.
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
4.
MOHAMMED TAFSEE @ MOHAMMED TAFSEER
S/O MAIDUKATTI,
AGE ABOUT 34 YEARS,
R/AT NO-1/237, BEERAKODI,
BOLLUNTURU VILLAGE,
BANTWAL TALUQ,
DAKSHINA KANNADA - 574 211.
5.
SHAHID KHAN,
S/O ANWAR KHAN,
AGE ABOUT 42 YEARS,
R/AT NO -13/2, BISMILLAH MANZIL,
NEAR MEHARAZ MOSQUE,
SHIVAJI ROAD, LASKER MOHOLLA,
SHIMOGA - 577 202.
(PETITIONERS ARE IN JUDICIAL CUSTODY)
…PETITIONERS
(BY SRI. MOHAMMED TAHIR, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY K.G. HALLI PS, BENGALURU,
REP BY SPECIAL PUBLIC PROSECUTOR
ADVOCATE GENERAL OFFICE,
HIGH COURT COMPLEX,
OPP. TO VIDHANA SAUDHA,
BENGALURU - 560 001.
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA R/W UNDER
SECTION 482 OF CRPC, PRAYING TO ISSUE A WRIT OF
CERTIORARI TO QUASH THE ORDER DATED:10.02.2025
PASSED IN SPL.C. No.744/2023 BY THE HON'BLE 49TH CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE FOR TRIAL
OF NIA CASES AT BANGALORE (CCH-50) AT ANNEXURE-A
WHERE IN THE PETITIONERS ARE ARRAYED ACCUSED No.1, 3, 7, 8 AND 14 IN THE INTEREST OF JUSTICE AND EQUITY AND
ETC.,
HC-KAR
THIS PETITION, COMING ON FOR WITHDRAWAL, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed impugning the order dated 10.02.2025 passed by XLIX Additional City Civil and Sessions Judge (Special Court for the trial of NIA Cases) (CCH-50), Bengaluru in Spl.C.No.744/2023.
2. The trial Court vide impugned order has rejected the application of the petitioner seeking discharge, on the ground that the sanction and recommendation providing prosecution of the petitioner was not in accordance with law. The order was passed on 10.02.2025, and thereafter immediately, the writ petition came to be filed on 27.02.2025. The matter has been kept alive for one year and four months, without removing office objections, as pointed out by the Registry.
HC-KAR
3. In the meantime, the matter got listed for 8th time for removal of office objections. Now, the matter is listed for 9th time before the Court, when the petitioner has moved a memo for withdrawal of the petition.
4. Listing the matter before the Court requires several hands to work on it and considerable time of the officials and the Court is invested when the matter is listed before the Court. We therefore, put the petitioner to cost of Rs.5,000/- (Rupees Five Thousand only) to be deposited in Advocate Clerk Association Benevolent Trust. The cost to be paid within a period of four weeks.
5. Subject to making the deposit of Rs.5,000/-, we dismiss this writ petition as withdrawn.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 2 ct-vn