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2019 Supreme(SC) 700

A.M.KHANWILKAR, AJAY RASTOGI
ASIM SHARIFF – Appellant
Versus
NATIONAL INVESTIGATION AGENCY – Respondent


Advocates Appeared:
For the Appellant :Ms. Kamini Jaiswal, Advocate, Mr. A. Mohamed Yusuff, Advocate, Mr. Abdul Rahiman, Advocate and Mr. Shereef K.A., Advocate
For the Respondent:Mr. B. V. Balaram Das, Advocate.

JUDGMENT

Ajay Rastogi, J.

Leave granted.

2. The present appeal has been preferred by the accused appellant against whom a criminal case bearing no. RC 04/16-NIA-HYD came to be registered along with four other accused persons for the offences punishable under Sections 120-B, 109, 150, 153A, 302, 201 read with Section 34 of IPC; Sections 3 and 27 of the Arms Act and Sections 15,16,17,18 & 20 of the Unlawful Activities (Prevention) Act, 1967(hereinafter being referred to as "UAP Act").

3. After completion of the investigation, final report was submitted before the trial Court against the accused persons including appellant. The appellant claims that there was no material for registering the criminal case neither investigating nor submitting the final report against him. At this stage, the appellant filed application under Section 227 of Code of Criminal Procedure, 1973(hereinafter being referred to as "CrPC") seeking his discharge from the case for the aforesaid offences. The application was dismissed by the trial Judge/Special Judge who ordered for framing of charges against him for the aforesaid offences under Order dated 2nd January, 2018 came to be challenged by the appellant in a wri














































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