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2025 DAILYLAW 18873 (KAR)

MEHBOOB SHARIF @ CHAND PASHA v. STATE OF KARNATAKA

CRL.P/2751/2025 · 2025-03-28

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:13403 CRL.P No. 2751 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2751 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MEHBOOB SHARIF @ CHAND PASHA S/O MANZOOR AHMED SHARIF AGED ABOUT 35 YEARS R/AT NO 8, 6TH MAIN ROAD 4TH CROSS, SHAMANNA NAGAR MYSORE ROAD BANGALORE 5600265 (NOW IN JUDICIAL CUSTODY CENTRAL PRISON, BANGALORE) …PETITIONER (BY SRI. HASHMATH PASHA, SENIOR ADVOCATE A/W SRI. KARIAPPA N A., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BYATARAYANAPURA POLICE STATION BANGALORE CITY 560092. 2. SHREESHAI ZULFI POLICE SUB INSPECTOR BYATARAYANAPURA POLICE STATION BANGALORE 560092. 3. CHIEF SUPERINTENDENT CENTRAL PRISON PARAPPAN AGRAHARA BANGALORE 560100 Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13403 CRL.P No. 2751 of 2025 ALL ARE REP BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE 560001. …RESPONDENTS (BY SRI. ANOOP KUMAR M V, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER OF ARREST DATED 04.12.2024 AND 05.12.2024 AS ILLEGAL AND ABUSE OF PROCESS OF LAW. FURTHER TO QUASH THE ORDER OF REMAND AND DETENTION PASSED BY THE HONBLE XXXIII ADDL.CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY DATED 05.12.2024, 12.12.2024 AND 19.12.2024 AND TILL THIS DATE AS PER ANNEXURE-B AS ILLEGAL AND CONSEQUENTLY DIRECT THE RESPONDENTS TO RELEASE PETITIONER FORTHWITH FROM ILLEGAL DETENTION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner has challenged his arrest and remand, contending that the order of arrest is vitiated due to the failure to disclose the grounds of arrest and provide a copy of the same. 2. This Court, vide order dated 28.02.2025, directed the respondents to release the petitioner, subject to certain terms and conditions, on the ground that the arrest was vitiated for not disclosing the grounds of arrest. 3. Since the relief sought in this petition is also to direct the respondents to release the petitioner on the same grounds, and as the petitioner has already been released from custody, the present petition stands disposed of. Accordingly, the orders dated - 3 - NC: 2025:KHC:13403 CRL.P No. 2751 of 2025 05.12.2024, 12.12.2024, and 19.12.2024, as well as the order of remand and detention passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases at Bengaluru, (CCH-33) at Annexure-B, are set aside. 4. The release of the petitioner is made absolute. However, the conditions imposed at the time of release shall continue. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 1 Sl No.: 158