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ROBIN PHUKAN
Farhad Ali @ Farhad Ali Ahmed S/O Muslim Uddin @ Muslim Uddin Ahmed – Appellant
Versus
State of Assam to Be Rep. by the PP – Respondent
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.
In cases involving UAPA, a valid extension of investigation period negates the right to default bail, contingent on statutory compliance.
Only special courts or sessions courts have the authority to extend the investigation period beyond 90 days under the UAPA, not magistrates.
The main legal point established in the judgment is that the court may grant an extension of the investigation period and custody of the accused if the reasons provided by the investigating agency ju....
It is only when prescribed period of completing investigation is expiring and investigation is not complete in that event application for extension of period of investigation lie.
Point of Law : Request of an IO for extension of time is not a substitute for the report of the public prosecutor but since we find that there has been, as per the comparison of the two documents, an....
Right to life and liberty is one of integral part of Constitution of India and it is the most sacred Fundamental Right – Custody of people in name of various enactments and without adhering to prompt....
The main legal point established in the judgment is the necessity of fulfilling specific conditions, including the report of the Public Prosecutor, progress of the investigation, and issuing a prior ....
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