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2026 DAILYLAW 25058 (KAR)

INSPECTOR/CIO v. FREEDOM EDUCATIONAL AND CHARITABLE TRUST

CRL.P/7125/2024 · 2026-06-29

G Basavaraja, Mohammad Nawaz

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:32212-DB CRL.P No. 7125 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 7125 OF 2024 BETWEEN: 1. INSPECTOR/CIO NATIONAL INVESTIGATION AGENCY, BRANCH OFFICE, BENGALURU-560 071. (REPRESENTED BY INSPECTOR OF POLICE NIA, BENGALURU) 2. DIRECTOR GENERAL NATIONAL INVESTIGATION AGENCY, OPP: CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003. (REPRESENTED BY INSPECTOR OF POLICE NIA, BENGALURU) …PETITIONERS (BY SRI. PRASANNA KUMAR P., SPL. PP (PH)) AND: FREEDOM EDUCATIONAL AND CHARITABLE TRUST SURVEY NO.213, IDKIDU VILLAGE, BANTWAL TALUK-574 211, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:32212-DB CRL.P No. 7125 of 2024 DAKSHINA KANNADA DISTRICT, REPRESENTED BY ITS SECRETARY, ABUBAKAR SIDDIK. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.PC., PRAYING TO SET- ASIDE THE ORDER DATED 29.04.2024 PASSED BY THE LEARNED XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE FOR TRIAL OF NIA CASES, AT BENGALURU (CCH- 50) IN CRIMINAL APPEAL NO.1645/2023, AND CONSEQUENTLY DISMISS THE CRIMINAL APPEAL NO.1645/2023 AS AGAINST THE ADDITIONAL SECRETARY, MINISTRY OF HOME AFFAIRS/3RD RESPONDENT AND UNION OF INDIA, REPRESENTED BY JOINT SECRETARY, MINISTRY OF HOME AFFAIRS/4TH RESPONDENT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and HON'BLE MR. JUSTICE G BASAVARAJA ORAL ORDER (PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ) Respondent is served but unrepresented. 2. The order dated 29.04.2024 passed by the learned XLIX Additional City Civil and Sessions Judge and Spl. Judge for trial of NIA case, Bengaluru (CCH-50) in Crl.A No.1645/2023 is under challenge in this appeal. - 3 - HC-KAR NC: 2026:KHC:32212-DB CRL.P No. 7125 of 2024 3. Vide impugned order, the learned Judge has issued notice to respondent Nos.3 and 4, rejecting the memo filed on their behalf. 4. It is contended by the learned Spl. PP for petitioners that respondent No.3 acted as a quasi-judicial authority and respondent No.4 has not passed the order of attachment, under challenge before the Appellate Court and hence, they need not be arraigned as respondents before the Appellate Court. 5. This Court on 17.03.2025 has passed an interim order staying the operation of the impugned order dated 29.04.2024. 6. Petitioners herein, respondent Nos.1 and 2 before the appellate Court, are the investigating agency. They are notified and they are appearing and contesting the case before the Appellate Court. Hence, respondent Nos.3 and 4, may not be necessary parties to decide the issue in question. - 4 - HC-KAR NC: 2026:KHC:32212-DB CRL.P No. 7125 of 2024 7. For the aforesaid reasons, the impugned order dated 29.04.2024 passed in Crl.A No.1645/2023 by the Court of XLIX Additional City Civil and Sessions Judge and Spl. Judge for trial of NIA Cases, Bengaluru, is set aside. Petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (G BASAVARAJA) JUDGE HB List No.: 1 Sl No.: 16