Syed Nawaz v. National Investigating Agency

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR AND THE HON'BLE MRS JUSTICE K.S. HEMALEKHA CRIMINAL PETITION NO. 5626 OF 2022

Between:

¶1Syed Nawaz S/o Gulan Jaan Aged about 21 years, R/at 2nd Cross, Shadabnagar, Kavalbyrasandra, RT Nagar, Bengaluru -560032

¶2Irfan S/o Mohammed Babu Aged about 32 years, R/at 2nd Cross, Behind DJ Halli Police Station, Muslim Colony, Bengaluru - 560045

¶3Roshan Jameer @ Roshan Zameer S/o Muneer Ahmed Aged about 32 years, R/at 318, 3rd Cross, SR Block, DJ Halli,

¶4Syed Farman S/o Syed Fayaz Aged about 26 years, R/at 4, Munireddy Layout, Ramaiah Layout, DJ Halli,

by VEERENDRA KUMAR K M Location: HIGH COURT OF KARNATAKA

¶5Athiq Ahmed @ Ateeq Ahmed S/o Ajaz Ahmed Aged about 46 years R/at No.10, 1st Cross, SR Block, Shampura Main Road, DJ Halli, Bengaluru -560032

¶6Mohammed Tanveer Pasha S/o Mohammed Ayaz Pasha Aged about 29 years, R/at No.240/2, Beside RK Apartment Shampura Main Road, DJ Halli, Bengaluru -560045

¶7Tabrez Hussain S/o Mustaq Ahmed Aged about 35 years, R/at No.5, 6th Floor, RK Heritage Apartment, Shampura, DJ Halli,

¶8Tauseef Ahamed S/o Gulzar Ahmed Aged about 33 years R/at G-3, A Block, RK Heritage Apartment, Near Shampura Petrol Bunk, DJ Halli, Bengaluru -560045

¶9Ansar, S/o Syed Khadar, Aged about 47 years, R/at 6th Cross, RK Hegde Nagar, Thanisandra Main Road, Bengaluru -560077

¶10Syed Dadapeer S/o Syed Saleem Aged about 23 years, R/at 5th Cross, Amar Jothi Layout, Rachenalli Main Road, Thanisandra, Bengaluru-560077.

¶11Mohammed Ifthekar S/o Late Mohammed Yusuf Aged about 37 years, R/at No.307, 1st Cross, Malik Saheb Road, Raghappa Block, DJ Halli, Bengaluru – 560045.

¶12Syed Mujahid S/o Syed Nawab Aged about 29 years R/at 7th Cross, Muslim Colony, AC Post, KG Halli,

¶13Imran Pasha S/o Ahmed Shariff Aged about 34 years, R/at No.8, 2nd Cross, Muslim Colony, KG Halli,

¶14Syed Altaf S/o Syed Chand Aged about 24 years, R/at 292, 2nd Cross Srinivasanagar, DJ Halli,

¶15Touseef S/o Masood Pasha Aged about 39 years, R/at 17/1, 7th Street, Broadway Road Cross, Shivajinagar Bengaluru -560051

¶16Sikander S/o Late Zakauulah Khan Aged about 40 years R/at 281, 1st Floor Near Hussaniya Masjid, Near Imran Office, Shivaraj Road, DJ Halli, Bengaluru -560051

¶17Irfan S/o Mohammed Mukhtiyar Aged about 21 years R/at 2974, 3rd Cross, Shadabnagar, Kavalbyrasandra, Bengaluru -560032

¶18Salman Khan S/o Late Fairoz Khan Aged about 25 years, R/at 1598, C/O P.M.S. Jakir Masjid E Taha Street, Opp. Anand Theatre, Near Old DJ Halli, Bengaluru -560032

¶19Karim Pasha S/o Asgar Pasha Aged about 26 years, R/at 313/A, DJ Halli, 1st Cross, Raghappa Block, North Bengaluru,

¶20Mohammed Liyakath S/o Late Habib Aged about 35 years, R/at 28, 1st Floor, Shampura Main Road, Near Clerical Clinic,

¶21Syed Adnan S/o Irfan Pasha Aged About 28 Years, R/at No.101 J, 2nd Floor Gurukrupa Apartments, MM Layout, Kaval Byrasandra, RT Nagar Post,

…Petitioners (By Sri Mohammed Tahir, Advocate)

And:

National Investigating Agency (Hyderabad) Represented by Special Public Prosecutor Office At High Court Complex Opposite to Vidhan Soudha Bengaluru-560001

…Respondent

(By Sri. Prasanna Kumar P., Spl.P.P.)

This Criminal Petition is filed u/s.482 Cr.P.C praying to quash the Annexure-C i.e., charge sheet filed in Spl.C.C.No.152/2021 by the respondent i.e., National Investigating Agency (Hyderbad), same is pending before the Honourable XLIX Additional City Civil And Sessions Judge (Special Court for Trial of NIA Cases) (CCH-50), Bengaluru for the offence p/u/s 120B, 34, 149 r/w 143, 145, 147, 148, 427 and 353 of IPC and etc.

This Criminal Petition, coming on for admission, this day, order was made therein as under:

CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR AND HON'BLE MRS JUSTICE K.S. HEMALEKHA

ORAL ORDER (PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)

Sri. Mohammed Tahir, learned counsel for the petitioners seeks permission to withdraw Crl.P.No.5626/2022 with liberty to file a fresh petition. His submission is placed on record. This petition is dismissed as withdrawn. If any ground, other than the one urged in this criminal petition is available, he is at liberty to file a fresh petition, but not making use of this liberty.

Sd/- (SREENIVAS HARISH KUMAR) JUDGE

Sd/- (K.S. HEMALEKHA) JUDGE

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