- 1 - NC: 2025:KHC:5548 WP No. 3528 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3528 OF 2025 (GM-RES) BETWEEN: 1. VASEEM PASHA @ WASIM PASHA S/O ARIF S ARIF AGED ABOUT 40 YEARS R/AT NO.09, 6TH CROSS, SALAM COMPOUND, SR NAGAR, BANGALORE-560 027. 2. NISAR @ NISAR AHMED S/O MAHABOOB @ MAHBOOM AGED ABOUT 55 YEARS, R/AT NO.09, 6TH CROSS, SALAM COMPOUND, SR NAGAR, BANGALORE-560 027. …PETITIONERS (BY SRI. MOHAMMED TAHIR.,ADVOCATE) AND: STATE BY HAL PS REP BY STATE PUBLIC PROSECUTOR OFFICE AT HIGH COURT COMPLEX, OPPOSITE VIDHANA SOUDHA, BENGALURU – 560 001. …RESPONDENT (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF CR.P.C., PRAYING TO QUASH THE ORDER DTD. 24.05.2023 PROCLAMATION ORDER AGAINST THE PETITIONERS PASSED BY THE LEARNED 29TH ACJM AT BANGALORE IN CC NO.22316/2012 ARISING OUT OF CRIME NO.92/2011 HAL PS AT ANNX- D WHEREIN THE PETITIONERS ARE ARRAYED AS ACCUSED NO. 8 AND 9. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:5548 WP No. 3528 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seeks for the following reliefs: “i) To quash the order dated 24.05.2023 proclamation order against the petitioners passed by the learned 29th ACJM at Bangalore in C.C.No.22136/2012 arising out of Crime No.92/2011 HAL PS at Annexure-D, wherein the petitioners are arrayed as accused Nos.8 and 9, in the interest of justice and equity AND/OR ii) Pass any other order which this Hon’ble court deems fit by considering the facts of this Court, in the interest of justice and equity.” 2. Heard learned counsel for the petitioners and learned Addl. SPP for the respondent and perused the material on record. 3. Learned counsel for the petitioners submits that having regard to the issuance of NBW and proclamation warrant as against the petitioners, petitioners shall approach the Trial Court and file appropriate applications seeking suitable reliefs, which may be directed to be considered by the Trial Court in accordance with law and till such time, the Trial Court may be directed not to take precipitative/coercive steps in this regard. - 3 - NC: 2025:KHC:5548 WP No. 3528 of 2025 4. The aforesaid submission is placed on record. 5. Accordingly, the petition is disposed of reserving liberty in favour of the petitioners to approach the Trial Court and file appropriate applications. If such applications are filed, the Trial Court shall consider and pass appropriate orders on the said applications in accordance with law. It is further directed that till the Trial Court pass appropriate orders on such applications to be filed by the petitioners, the impugned proclamation warrant as well as Non Bailable Warrant issued as against the petitioners shall remain in abeyance and the Trial Court and respondents shall also not take any precipitative/coercive steps against the petitioners. 6. Subject to the aforesaid directions, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 16