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High Court of Karnataka · body

2026 DAILYLAW 18790 (KAR)

NASEER PASHA v. THE STATE OF KARNATAKA

WP/6439/2025 · 2026-06-02

D K Singh, T M Nadaf

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR 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, 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 - 2 - HC-KAR NC: 2026:KHC:25652-DB WP No. 6439 of 2025 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., - 3 - HC-KAR NC: 2026:KHC:25652-DB WP No. 6439 of 2025 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 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. - 4 - HC-KAR NC: 2026:KHC:25652-DB WP No. 6439 of 2025 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