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2023 Supreme(Bom) 82

A. S. GADKARI, PRAKASH D. NAIK
Lt. Col. Prasad Purohit – Appellant
Versus
National Investigation Agency, Ministry of Home Affairs, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Neela Gokhale, Sagar Bhandare, Viral Babar, Manjiri Parasnis, Malhar Kadam.
For the Respondents: Sandesh Patil, Chintan Shah, S.D. Shinde.
For the Intervenor : Shahid Nadeem, Kritika Agrawal, Qurban Hussain, Aafrin Khan, Mateen Shaikh.

JUDGMENT :

A.S. GADKARI, J.

1. By the present Appeal under Section 21(1) of National Investigation Agency Act, 2008, Appellant, Original Accused No. 9, has impugned Order dated 27th December 2017 passed below Exh.4247 and Exh.4689 in NIA Special Case No. 01 of 2016, by the learned Special Judge (Under MCOC and NIA Act), Greater Mumbai, rejecting his application under Section 227 of Criminal Procedure Code for discharge from the said crime.

2. Exhibit-4247 was filed by the Appellant under Section 227 of Cr.P.C. read with Section 11 of MCOC Act for discharge under the provisions of MCOC Act and UAPA Act.

Exhibit-4698 was filed by the Appellant under Section 227 of Cr.P.C. read with Section 197 of Cr.P.C. for discharge under Section 302/307 of I.P.C. and Sections 3, 4, 5, 6 of the Explosives Act.

The Applications preferred by the Appellant have been partially allowed by the Trial Court by its impugned Order. Appellant has been discharged from the offences punishable under Sections 3(1)(i), 3(1)(ii), 3(2), 3(4), 3(5) of MCOC Act and from the offences punishable under Sections 17, 20 and 23 of UAP Act as well as for the offence punishable under Sections 3, 5 and 25 of Arms Act. The Trial Cou

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