A petitioner is not denied the right to cross-examine witnesses if reasonable opportunities were provided previously, affirming the principle of fairness in trials.

ORDER :

Prayer:

1. The instant petition is directed against the Order dated15.06.2024 passed by AJC XVI-cum-Learned Special Judge, NIA, Ranchi in Misc. Cr. Application No. 1286/2023 arising out of Special NIA Case No. 01 of 2017, RC Case No. 11/2017/NIA/DLI by which the application filed under Section 306 (4)(a) of the Cr.P.C. has been rejected.

2. At the outset it needs to refer herein that the full Bench of this Court, vide order dated 16.12.2022 passed in B.A. No. 5937 of 2022 while taking in consideration the various provisions of the UAPA Act, 1967 and NIA Act, 2008 as also considering the judgment rendered by Hon'ble Apex Court in Bikramjit Singh vs. State of Punjab , (2020) 10 SCC 616 has observed that since the offence emanates from Schedule-I of the NIA Act, 2008, will be scheduled offences and triable exclusively by the Special Courts and as such, the decision since is to be passed either by way of a judgment, sentence or order, admittedly order not being in the nature of interlocutory, the same will be amenable under the appellate jurisdiction of the High Court to be heard by the Division Bench of the High Court as would appear from Section 21 (1)(2) of the NIA Act, 2008.

3. Further the Hon’ble Apex Court in the case of State of Kerala and Others Vs. Roopesh , 2021 SCC OnLine SC 3099 has again observed that any order passed by the learned Special Court, not being an interlocutory order, is subjected to appeal before the High Court and to be heard by a Bench of two Judges of the High Court.

4. It needs to refer herein that earlier the instant petition has been listed before the Hon’ble Single Judge of this Court wherein vide order dated 20.09.2024 it has been observed that since the matter is related to the National Investigating Agency Act, it be placed before the appropriate Division Bench. Accordingly, vide minutes dated 22.10.2024, Hon’ble the Chief Justice has assigned the instant petition before the regular Division Bench.

Factual Matrix:

5. in the aforesaid backdrop, we are now adverting to the facts of the instant case. The brief facts of the case as per the pleading made in the petition which requires to be enumerated herein, reads as under:

The case of the prosecution in nutshell is that Bundu P.S. Case No. 65 of 2008 was instituted on 09.07.2008 under Sections 302, 379, 120B and 34 of the IPC, 1860 and under Section 27 of Arms Act and under Section 17 of Criminal Law Amendment Act, 1932 against unknown persons for assassination of the then sitting MLA Sri Ramesh Singh Munda. On the basis of investigation 3 charge sheets were submitted by the State Police and later on the matter was investigated by Crime Investigation Department (CID).

The investigation was thereafter taken up by National Investigating Agency (NIA) and the case was re-registered as R.C. 11/2017/NIA/DLI on 30.06.2017. Thereafter NIA submitted its 3^rd Supplementary Charge Sheet being Charge Sheet No. 08/18 dated 31.03.2018 against the petitioner and others under Section 120B read with Section 302 of the IPC, 1860 under Sections 16, 17, 18 and 20 of Unlawful Activities (Prevention) Act and under Section 25(1)(b) of Arms Act. The petitioner has been arrayed as an accused being Accused No. 17.

6. The petitioner when came out from the judicial custody by virtue of the Order passed by co-ordinate Bench of this Court vide Order dated 13.12.2023 passed in Cr. Appeal (DB) No. 1895 of 2023 has made an application under Section 306 (4)(a) of Cr.P.C allowing the petitioner to cross-examine the approvers who have been made as prosecution witness i.e P.W.-1 and P.