JUDGMENT :

SANJEEV KUMAR, J.

1. In the appeal on hand the appellants have challenged the order of framing charge dated 25.10.2019 as also the order dated 26.08.2022 whereby the request of the appellants for alteration of the charge has been rejected. The appeal is preferred under section 21 of the National Investigating Agency Act, 2008, (NIA Act for short). Mr. Rahul Sharma appearing for the respondent has raised a preliminary objection with regard to the maintainability of the appeal on the ground that, in terms of Section 21 of the NIA Act, the interlocutory orders passed by the Special Judge are not appealable and that the order of framing of charge or refusing to alter the charge are interlocutory in nature and, therefore, not appealable.

2. Having heard the learned counsel for the parties and gone through the scheme of the NIA Act, we deem it necessary to first set out Section 21 of the NIA Act, which reads thus:

“21. Appeals:

(1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law.

(2) Every appeal under sub-section (1) shall be hear