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2024 Supreme(SC) 498

M. M. SUNDRESH, S. V. N. BHATTI
National Investigation Agency New Delhi – Appellant
Versus
Owais Amin @ Cherry – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Surya Prakash V Raju, A.S.G. Mrs. Swati Ghirdiyal, Adv. Mr. Udai Khanna, Adv. Mrs. Sairica S Raju, Adv. Mr. Raghav Sharma, Adv. Mr. Ashutosh Ghade, Adv. Mr. Arvind Kumar Sharma, AOR
For the Respondent(s): Mr. D. Mahesh Babu, AOR Mr. Muzaffar Iqbal Khan, Adv. Mr. Dhanaeswar Gudapalli, Adv. Ms. Mallika Das, Adv. Mr. Lakshay Laroiya, Adv. Mr. Amber Jain, Adv.

1. Leave granted.

2. Challenge in this appeal is to the judgment rendered by the Division Bench of the High Court of Jammu and Kashmir at Jammu in Criminal Appeal (D) No. 11/2020 dated 27.04.2021 by which the judgment rendered by the Special Judge, National Investigation Agency (NIA) (3rd Additional Sessions Judge) Jammu, has been confirmed in part, while remitting the issue pertaining to the charges framed under Sections 306 and 411 of the Jammu and Kashmir State Ranbir Penal Code SVT. 1989 (hereinafter referred to as “RPC 1989”) along with Section 39 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “UAPA 1967”) for taking cognizance afresh.

3. Heard Mr. S.V. Raju, learned Additional Solicitor General appearing for the appellant, and Mr. D. Mahesh Babu, learned counsel appearing for the respondents. We have also perused the written submissions placed on record by the respondents.

BRIEF FACTS

4. A case was registered against the respondents in Case Crime No. 39/2019 under Sections 307, 120-B, 121, 121-A and 124-A of RPC, 1989, Sections 4 and 5 of the Explosive Substances Act, 1908, and Sections 15, 16, 18 and 20 of the UAPA, 1967 by the jurisdictional pol


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