Disposed¶46

Inspector/Cio v. Freedom Educational and Charitable Trust

Karnataka HC29 Jun 2026CRL.P/7125/2024

Case brief

AI extract

What is this about?

NIA; S.482 Cr.PC; High Court of Karnataka; CRL.P No. 7125 of 2024; necessary parties; Crl.A No.1645/2023; order of attachment; notice to Additional Secretary MHA and Union of India; memo rejected; impugned order set aside; petition disposed; interim stay 17.03.2025; Mohammad Nawaz J; G Basavaraja J.

What did the court decide?

The impugned order dated 29.04.2024 passed in Crl.A No.1645/2023 by the XLIX Additional City Civil and Sessions Judge and Spl. Judge for trial of NIA Cases, Bengaluru, is set aside; the criminal petition is disposed of. ¶46

Inspector/Cio Vs Freedom Educational and Charitable Trust — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent Nos.3 (Additional Secretary, Ministry of Home Affairs) and respondent No.4 (Union of India represented by Joint Secretary, Ministry of Home Affairs) were necessary parties who needed to be arraigned as respondents in Criminal Appeal No.1645/2023.

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Court's answer

Respondent Nos.3 and 4 may not be necessary parties to decide the issue in question in Crl.A No.1645/2023, since the petitioners (the investigating agency), who were respondent Nos.1 and 2 before the appellate Court, are notified and are appearing and contesting the case.

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Ratio / Principle

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.

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Detailed headnote1 paragraphs

Criminal Petition (CRL.P No. 7125 of 2024) under S. 482 Cr.PC filed by the National Investigation Agency (Inspector/CIO, Branch Office Bengaluru, and Director General, NIA) against Freedom Educational and Charitable Trust. Challenge to the order dated 29.04.2024 of the XLIX Addl. City Civil and Sessions Judge and Spl. Judge for trial of NIA Cases, Bengaluru (CCH-50) in Crl.A No.1645/2023, whereby notice was issued to respondent Nos.3 (Additional Secretary, Ministry of Home Affairs) and 4 (Union of India represented by Joint Secretary, MHA) and the memo filed on their behalf was rejected. Held: the investigating agency, being respondent Nos.1 and 2 before the appellate Court, is notified, appearing and contesting the case; respondent Nos.3 and 4 may not be necessary parties to decide the issue in question. Impugned order set aside; petition disposed of. An interim order dated 17.03.2025 had earlier stayed operation of the impugned order. Coram: Mohammad Nawaz and G Basavaraja JJ.; order per Mohammad Nawaz J.

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NC: 2026:KHC:32212-DB CRL.P No. 7125 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF JUNE, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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AND

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THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 7125 OF 2024

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BETWEEN:

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INSPECTOR/CIO NATIONAL INVESTIGATION AGENCY, BRANCH OFFICE, BENGALURU-560 071. (REPRESENTED BY INSPECTOR OF POLICE NIA, BENGALURU)

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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DIRECTOR GENERAL NATIONAL INVESTIGATION AGENCY, OPP: CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003. (REPRESENTED BY INSPECTOR OF POLICE NIA, BENGALURU)

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…PETITIONERS

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(BY SRI. PRASANNA KUMAR P., SPL. PP (PH))

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AND:

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FREEDOM EDUCATIONAL AND CHARITABLE TRUST SURVEY NO.213, IDKIDU VILLAGE, BANTWAL TALUK-574 211,

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2 - NC: 2026:KHC:32212-DB CRL.P No. 7125 of 2024

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HC-KAR

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DAKSHINA KANNADA DISTRICT, REPRESENTED BY ITS SECRETARY, ABUBAKAR SIDDIK.

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…RESPONDENT

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(RESPONDENT SERVED AND UNREPRESENTED)

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THIS CRL.P IS FILED U/S 482 CR.PC., PRAYING TO SETASIDE 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 (CCH50) IN CRIMINAL APPEAL NO.1645/2023, AND CONSEQUENTLY DISMISS THE CRIMINAL APPEAL NO.1645/2023 AS AGAINST THE ADDITIONAL SECRETARY, MINISTRY OF HOME AFFAIRS/3^RD RESPONDENT AND UNION OF INDIA, REPRESENTED BY JOINT SECRETARY, MINISTRY OF HOME AFFAIRS/4^TH RESPONDENT.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ and

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HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

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Respondent is served but unrepresented.

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The order dated 29.04.2024 passed by the

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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.

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3 - NC: 2026:KHC:32212-DB CRL.P No. 7125 of 2024

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HC-KAR

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Vide impugned order, the learned Judge has

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issued notice to respondent Nos.3 and 4, rejecting the memo filed on their behalf.

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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.

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This Court on 17.03.2025 has passed an interim

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order staying the operation of the impugned order dated 29.04.2024.

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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.

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NC: 2026:KHC:32212-DB CRL.P No. 7125 of 2024

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HC-KAR

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7. For the aforesaid reasons, the impugned order

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dated 29.04.2024 passed in Crl.A No.1645/2023 by the Court of XLIX Additional City Civil and Sessions Judge and

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Spl. Judge for trial of NIA Cases, Bengaluru, is set aside.

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