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2025 DAILYLAW 14249 (KAR)

MUHAMMED @ MOHAMMED v. STATE BY R.T. NAGAR PS

WP/2117/2025 · 2025-06-26

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22486 WP No. 2117 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2117 OF 2025 (GM-RES) BETWEEN: MUHAMMED @ MOHAMMED, S/O AWWALKHAIR, AGED ABOUT 21 YEARS, R/AT NO. 28, 5TH MAIN, 1ST CROSS, REHAMATH NAGAR, R.T. NAGAR, BANGALORE - 560 032. …PETITIONER (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY R.T. NAGAR P.S., REPRESENTED BY PUBLIC PROSECUTOR, OFFICE AT ADVOCATE GENERAL OFFICE, HIGH COURT COMPLEX, OPP VIDHANA SOUDHA, BANGALORE - 560 001. 2. DEEPAK R, POLICE INSPECTOR, AGED ABOUT 50 YEARS, OFFICE AT ANTI NARCOTIS SQUAD, CCB, CHAMARAJAPETE, BANGALORE - 560 018. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF CR.P.C PRAYING TO 1) QUASH THE CHARGE SHEET DATED 31/10/2023 AT ANNX-C FILED IN CONNECTION OF CRIME NO. 171/2023 OF R.T. NAGAR PS NOW PENDING AS SPL. C 2492/2023 BEFORE THE HONBLE 34TH ACC & SJ AND SPL. JUDGE (NDPS), BENGALURU (CCH-35) FOR THE ALLEGED OFFENCES P/U/S 8(c), 22(c) AND 23(c) NDPS WHEREIN THE PETITIONER IS ARRAIGNED AS ACCUSED NO. 1 AND ETC., Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22486 WP No. 2117 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Learned HCGP accepts notice and seeks time to file objections. 2. In this petition, the petitioner seeks for the following reliefs : "1. To pleased to quash the Chargesheet dated 31/10/2023 at Annexure-C filed in connection of Crime No. 171/2023 of R.T. Nagar PS now pending as Spl. C 2492/2023 before the Hon'ble 34th ACC &SJ., and SPL; Judge, (NDPS) , Bengaluru (CCH-35) for the alleged offences punishable U/s 8(c), 22(c) and 23(c) of NDPS wherein the petitioner is arraigned as Accused No.01, in the interest of justice and equity. 2. To quash the proceeding at ANNEXURE D i.e. Spl.C 2492/2023 arising out Crime No. 171/2023 of R.T. Nagar PS pending before Hon'ble 34th ACC. & SJ., and SPL. Judge (NDPS) Bengaluru (CCH-35) for the alleged offences punishable U/s 8(c), 22(c) and 23(c) of NDPS wherein the petitioner is arraigned as Accused No.01, in the interest of justice and equity." 3. The learned counsel for the petitioner, on instructions, submits that the petition may be disposed of - 3 - HC-KAR NC: 2025:KHC:22486 WP No. 2117 of 2025 reserving liberty in favour of the petitioner to seek discharge/file discharge application before the trial Court and direct the trial Court to consider the same and proceed further in accordance with law. 4. Submission is placed on record. 5. Petition is disposed of as withdrawn with the liberty reserved to the petitioner to seek discharge/file discharge application before the trial Court. The trial Court is directed to afford sufficient opportunity to the petitioner to file application, consider the same and thereafter, proceed further in accordance with law. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE RS List No.: 1 Sl No.: 35 CT: BHK