IMPORTANT POINT
Supply of Police documents to accused is mandatory.

JUDGMENT (COMMON)

K. Suresh Reddy, J.—As the issue involved in all these Criminal Appeals is similar, they are being disposed off, by way of this Common Judgment, at the stage of admission.

2. Crl.A.No.110 of 2025 is filed by Accused No.60, under Section 21 of National Investigation Agency Act, 2008, questioning the charges framed by the learned Special Judge for NIA Cases-cum-III Additional District and Sessions Judge, Visakhapatnam (hereinafter referred as ‘Special Judge’), dated 04.12.2024 in Sessions Case No.11 of 2023.

3. Crl.A.No.169 of 2025 is filed by Accused No.46 questioning the charges framed by the learned Special Judge on 18.12.2024 in Sessions Case No.11 of 2023.

4. Criminal Appeal No.138 of 2025 is filed by Accused No.80, questioning the order, dated 06.01.2025, passed in Crl.M.P.No.1119 of 2024 in Sessions Case No.11 of 2023 dismissing the discharge application.

5. Whereas Crl.A.No.139 of 2025 is filed by Accused No.84, challenging the order, dated 31.12.2024, dismissing the discharge application, vide Crl.M.P.No.301 of 2024 in Sessions Case No.11 of 2023.

6. Brief facts, leading to filing of these Criminal Appeals, are as follows:-

(i) The National Investigating Agency filed a charge sheet before the Court of learned Special Judge for NIA Case-cum-III Additional District and Sessions Judge, Visakhapatnam against 84 accused. The offences alleged in the said charge sheet were under Sections 10, 13 and 18 of the Unlawful Activities (Prevention) Act, 1967, Section 120-B, 121, 120(a), 143, 144, 124(a) read with 149 IPC and Section 8(i), 8(ii) Andhra Pradesh Public Security Act, 1992 and Section 25 of the Arms Act, 1959. Initially Crime No.47 of 2020 was registered on the file of Munchungput Police Station and subsequently, the investigation was entrusted to National Investigating Agency, Hyderabad and the case was re-registered as Rc-01/2021/NIA/Hyderabad, dated 07.03.2021. After registration of crime, all the appellants were arrested and they were enlarged on bail on different dates. It is pertinent to note that FIR was registered on 24.03.2020, whereas charge sheet was filed on 25.01.2021 before the Special Court for NIA Cases and the case was numbered as Sessions Case No.11 of 2023.

(ii) The appellants in Crl.A.No.138 and 139 of 2025 have filed discharge applications, vide Crl.M.P.No.1119 and 301 of 2024 respectively. It was contended by the appellants before the trial Court that the documents, as required under Section 207 Code of Criminal Procedure, 1973 (Section 230 of Bharatiya Nagarik Suraksha Sanhita, 2023) were not supplied to them. Apart from the said ground, they also raised grounds for discharge on merits. The National Investigating Agency took objections with regard to the maintainability of the said application and also on merits. After hearing both sides, both the discharge applications were dismissed by the impugned order. As already pointed out, the appellants in Crl.A.Nos.110 and 169 of 2025 have not filed any discharge applications and they filed Criminal Appeals questioning the charges framed by the learned Special Judge on the ground that the documents, as required under Section 207 Code of Criminal Procedure (230 Bharatiya Nagarik Suraksha Sanhita, 2023) were not supplied to them.

7. Sri T.Pradyumn Kumar Reddy, learned Senior Counsel appearing on behalf of Ms.Ganga Bhavani Ragi, learned counsel for the appellant in Crl.A.No.138 of 2025, strenuously contends that the accused were supplied all the documents, except the statements of protected witnesses. He further contends that as the statements of the protected witnesses are not furnished to all the accused, they filed Crl.M.P No.174 of 2025 in Sessions Case No.11 of 2023 on 10.02.2025. Learned Special Judge in the docket proceedings, dated 24.03.2025 recorded as follows:-

“During hearing, the National Investigating Agency Constable by name Yashodara Rao submitted that they supplied truncated copies of protected witnesses to the petitione