JUDGMENT :

Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. M. Phukan, learned Public Prosecutor, Assam appearing for the State respondent.

2. In this petition, under Section 482 of the Code of Criminal Procedure, the petitioner, namely, Farhad Ali @ Farhad Ali Ahmed, has challenged the correctness or otherwise of the order dated 22.12.2022, passed by the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, in Special Operation Unit (SOU) P.S. Case No.02/2022, under sections 120(B)/124(A)/153A /353 of the IPC, with added Section 18 of the UA(P) Act.

3. It is to be mentioned here that, vide the impugned order dated 22.12.2022, the learned CJM, Kamrup (M) at Guwahati allowed the prayer of the I.O., namely, Smti. Aseema Kalita, DSP, for extending the period of investigation to 180 days, as per provision specified in Section 43-D (2)(b) of the UA(P) Act, so as to enable her to complete the investigation.

4. In order to decide the controversy at hand, with greater precision, it would be beneficial to briefly refer to the facts of the case leading to passing of the impugned order dated 22.12.2022.

“On 21.09.2022, Smti. Pallabi Majumdar, APS, Addl. S.P., Special Branch, Assam at Kahilipara, Guwahati an FIR lodged, with the Officer-in-Charge, Special Operation Unit (SOU) P.S., Assam, Kahilipara, to the effect that it has been found from the inputs received from reliable sources that Popular Front of India, (PFI) with its State office in Guwahati, is making all round effort to formant communal stride throughout the State of Assam and the members trying to whip communal passion and sentiments of the religious minority community by criticizing the policy of the Government, with communal overtone including Citizenship Amendment Act (CAA), National Registration Certificate (NRC), D-Voters, new State Education Policy, Cattle Protection Act, extension of AFSPA, TET Examination, Agnipath Scheme, Eviction of encroachers from the Govt. land and termed these actions of the Government as direct attacks upon the Muslim Community and they also used to obstruct the Government servants in performing their duty by using force in Goalpara, in Bhalukdubi Old Science Academy Hall, Goalpara on 08.09.2018, violating the prohibitory order under Section 144 of the Cr.P.C. and on 17.02.2022, during celebration of the Foundation Day, the Baksa District unit of the PFI raised inflammatory slogans by violating the prohibitory order under Section 144 Cr.P.C. and to divide the society on religious line and obstructing the Government in executing its policies, they use cyber space to provoke the people for defying the Government and the PFI expressed solidarity with their National Executive in the campaign “Save The Republic Programme” on 26.01.2022 to 15.08.2022 and they provoked people against the Government and tried to formant and spread mistrust among public against the Government and they are also misleading the people by taking up the issues, which occurred outside the State and mis-campaigning through social media tools like twitter, e-postering, organizing webinars through ZOOM or Google Meet and the same includes highlighting of arrest made in UP, Bihar, Delhi and challenging the Karnataka High Court verdict on Hijab issue, Bilkis Bano Issue, Court verdict on the Gyanvapi Mosque, criticizing the Supreme Court verdict on the Ram Janambhoomi-Babri Masjid Issue, abrogation of Article 370 of the Constitution of India and they also organizing protest on such issued in communally sensitive areas, like Badarpur, Karimganj, Barpeta, Baksa, Kamrup (R), Goalpara and Kamrup (M) District, etc. and also trying to spread communal feelings in Muslim dominated pockets of Barpeta, Goalpara and Badarpur, by whipping their sentiments on the issue of communal violence, Ram Navami and Hanuman Jayanti, that took place in Rajasthan and (1) Abu Sama Ahmed, (2) Robiyool Hussain, (3) Nazrul Islam Bhuyan, (4) Aminul Hoque, (5) Hafiz Rafiqool Islam, (6) Ab