Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:1779 CRL.P No. 16229 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 16229 OF 2025 BETWEEN:
NADIR SHA ALIAS NADHIR S/O NAZEER N. K., AGED ABOUT 26 YEARS, R/AT NO. 413, ROOPA BUILDING EMPIRO RESIDENCY, DWARAKANAGARA BAGALUR CROSS, YELAHANKA BENGALURU, PIN – 560 064.
NATIVE ADDRESS: NAMBOORIMADATHIL VALAPAD, TRISSUR KERALA STATE PIN – 680567. …PETITIONER (BY SRI KRISHNA R., ADVOCATE) AND:
STATE BY YELAHANKA NEW TOWN P.S., REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI B.N.JAGADEESHA, ADDL. SPP)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THIS PETITION AND QUASH THE
Digitally signed by NAGAVENI Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2026:KHC:1779 CRL.P No. 16229 of 2025
FIR IN CRIME NO. 0491/2024 REGISTERED AGAINST THE PETITIONER/ACCUSED NO.1 BY YELAHANKA NEW TOWN POLICE STATION, BENGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 22(B) AND 8(C) OF THE NDPS ACT, 1985, PRESENTLY PENDING ON THE FILE OF XXXIV ADDL.
CITY CIVIL AND SESSIONS JUDGE (CCH-35), AT BENGALURU AND ALL FURTHER PROCEEDINGS THERETO.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Learned counsel for the petitioner files a memo seeking permission to withdraw the petition.
2. The memo reads as follows:
“MEMO FOR WITHDRAWAL
The Counsel for the petitioner most respectfully submits as follows:
1. That the Petitioner had filed the present Criminal Petition under Section 528 of the BNSS praying for the quashing of FIR No.491/2024 dated 04/10/2024 registered at Yelahanka New Town Police Station for offences punishable under Sections 22(b) and 8(c) of the NDPS Act.
2. At the time of filing the present petition, the investigation by the Respondent was pending. However, the Petitioner has recently gained knowledge that the Investigating Agency has completed the investigation and has
- 3 -
HC-KAR NC: 2026:KHC:1779 CRL.P No. 16229 of 2025
submitted the Final Report / Charge Sheet before the Hon'ble Prl. City Civil and Sessions Judge on 24.10.2025 and which came to be registered as Spl.C.No.2324/2025, presently pending on the file of Hon'ble XXXIV Addl. City Civil and Sessions Judge and Special Judge Judge for NDPS Cases, At Bengaluru, (CCH- 35).
3. Since the present petition was limited to challenging the allegations contained in the FIR and Complaint, whereas after filing of the Chargesheet on 24.10.2025, the Hon'ble Court have taken Cognizance for the offence punishable under Sections 8(c) and 22(b) of NDPS Act. The Petitioner may be permitted to challenge the said Charge Sheet and the materials contained therein on fresh grounds.
4. The withdrawal of the present petition is a procedural step to ensure all subsequent developments are properly brought before this Hon'ble Court in a consolidated fresh petition. No prejudice will be caused to the Respondents by this withdrawal.
Wherefore, it is most respectfully prayed that this Hon'ble Court may be pleased to permit the Counsel for the Petitioner to withdraw the present Criminal Petition with liberty to file a fresh petition challenging the Charge Sheet and all consequential proceedings in the interest of justice.”
In terms of the memo, the criminal petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 247 CT:SS