JUDGMENT :

Jayachandran, J.

1. Under challenge in the instant appeal is an order dated 17.01.2022 in Crl.M.P. No.242/2021 in R.C. No.1/2021/NIA/KOC of the Special Court for Trial of NIA cases, Ernakulam. An application forwarded to the Special Judge under the National Investigation Agency Act by the Superintendent of High Security Prison, Viyyur -alleging custodial torture to extract a confession of the appellant (sixth accused in the crime) -was forwarded to the Chief Judicial Magistrate for inquiry under Section 200, Cr.P.C. The challenge against the said order is premised on the contention that the complaint ought to have been proceeded under Section 340, Cr.P.C., which according to the appellant/A6 was the only course open before the Special Judge.

2. Before considering the merits of this appeal, we may indicate that, simultaneous with this appeal, we are disposing Crl.A. No.213/2022 preferred by the same appellant, which was directed against the order of the Special Court, as per which, it rejected the appellant's objection regarding the stage at which and powers under which the Special Court was to consider an application for tender of pardon preferred by the N.I.A.

3. Heard Smt.