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2013 Supreme(Gau) 233

I.A.ANSARI, P.K.MUSAHARY
Londhoni Devi – Appellant
Versus
State through National Investigation Agency – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Mr. M.G. Singh, Ms. Sheela Kh., Mr. S.K. Singha & Mr. B. Basumatary
For Respondents/Defendant: Mr. D. Das, Standing Counsel

JUDGMENT

Iqbal Ahmed Ansari, J.

1. By this common judgment and order, we propose to dispose of all the above mentioned appeals, which have arisen out of the order, dated 06.09.2012, passed, in Special NIA Case No. 01 of 2010, by the learned Special Judge, NIA, Assam, Guwahati, whereby the learned Court below has framed charges under Sections 120B and 121A IPC read with Sections 17, 18, 20 and 21 of the Unlawful Activities (Prevention) Act, 1967, against the present accused-appellants. Before these appeals could be heard on merit, a preliminary objection has been raised by the respondent herein, namely, National Investigating Agency, the preliminary objection being that these appeals, which have been preferred under Section 21 of the National Investigating Agency Act, 2008 (in short, 'NIA Act, 2008'), is not maintainable in law inasmuch as an order framing charge in a case, which is investigated by the NIA and covered by the provisions of the NIA Act, 2008, is an interlocutory order and Sub-section (1) of Section 21 specifically bars appeal from being entertained by High Court against any interlocutory order of a Special Court, which is constituted under Section 11 or under Section 22



































































































































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