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SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Sushila Devi – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
1. Learned counsel for the appellants has requested to argue this case through online mode.
2. Accordingly, request, as has been sought for, is accepted and he has joined through Video Conferencing.
3. While, learned counsel for the respondents are present (physically) before the Court.
4. There is no complaint regarding audio and video quality.
5. The instant appeal preferred under Section 21 of the National Investigation Agency Act, 2008 (hereinafter referred to as the Act, 2008) is directed against the order dated 18.07.2023 passed by the learned A.J.C.-XVI-Cum-Special Judge, NIA, Ranchi, in connection with Special (NIA) Case No. 03 of 2018, corresponding to R.C. No. 06/2018/NIA/DLI dated 19.01.2018 registered for the offence under section 414, 384, 386, 387 &120B of the Indian Penal Code, under sections 25(1B) a, 26, & 35 of the Arms Act, Section 17(1) (2) of the CLA Act and sections 17,18, 20 and 21 of U.A. (P) Act arising out of Tandwa P.S. Case no. 02 of 2016, whereby and whereunder, an application filed under section 25(6) of the UA (P) Act in respect of the order dated 26.03.2019 passed by the respondent no. 2 in Misc. Criminal Application No.
The provision in Section 21(5) of the National Investigation Agency Act, 2008, mandating a 90-day limit for filing appeals is mandatory, and failure to comply renders the appeal not maintainable.
The court ruled that the 90-day limit for filing appeals under the National Investigation Agency Act is mandatory, and failure to comply renders the appeal not maintainable.
The judgment in Buhari @ Kichan Buhari's case is overruled, affirming that the limitation period under Section 21(5) of the NIA Act is mandatory and cannot be condoned beyond specified limits.
(1) Appeal – Limitation—Appellate Courts have power to condone delay beyond 90 days period, despite language of 2nd proviso to Section 21(5) of NIA Act, 2008.(2) NIA Act, as a whole, cannot said to b....
Appeals under NIA Act Section 21(5) filed beyond maximum 90 days are not maintainable; delay uncondonable as provision mandatory, excluding Limitation Act Section 5 application.
The NIA Act expressly excludes the applicability of Section 5 of the Limitation Act, and the word 'shall' in the proviso to Section 21(5) should be read as 'may' in certain appeals to avoid violation....
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