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1996 Supreme(SC) 1968

M.K.MUKHERJEE, S.P.KURDUKAR
Ahmad Umar Saeed Sheikh – Appellant
Versus
State Of U. P. – Respondent


ORDER

The instant appeal has been filed by the appellant for quashing the charges that have been framed against him by the Designated Judge, Meerut under Sections 307, 332 and 427 IPC, Section 14 of the Foreigners Act and Sections 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 ( TADA for short).

2. Mr. Ramaswamy, the learned counsel for the appellant, submitted that the entire proceedings initiated against the appellant, including the charges, were liable to be quashed as the First Information Report, which ultimately culminated in the impugned proceedings against the appellant, was lodged in utter breach of Section 20A(1) of TADA, which provides that no information about the commission of an offence under TADA shall be recorded by the police without the prior approval of the District Superintendent of Police. To bring home his contention he has drawn our attention to the F.I.R. that was recorded on the complaint of a Sub-Inspector of Police for offences punishable under Sections 332, 307 and 427 IPC, 7 of the Criminal Law Amendment Act and Sections 3 and 4 of TADA.

3. After having given our anxious consideration to the above contention of Mr. Ramaswamy we



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