M. SUNDAR, M. NIRMAL KUMAR
Ziyavudeen Baqavi – Appellant
Versus
Union of India – Respondent
JUDGMENT :
M.SUNDAR, J.
Captioned Criminal Appeal i.e., Crl.A.No.401 of 2023 has been filed under Section 21 of the 'National Investigation Agency Act, 2008 (Act 34 of 2008)', which shall hereinafter be referred to as 'NIA Act' for the sake of brevity, convenience and clarity, assailing an order dated 09.02.2023 made in Crl.M.P.No.738 of 2022 in Spl.S.C.No.26 of 2022 vide C.C.No.2 of 2021 (CNR No.TNCH06-00743-2022) on the file of Special Court under the NIA Act (Sessions Court for Exclusive Trial of Bomb Blast Cases), Chennai at Poonamallee. This 09.02.2023 order shall be referred to as 'impugned order' and the Court which made the impugned order shall be referred to as 'trial Court', both for the sake of convenience and clarity.
2. Appellant filed aforementioned Crl.M.P.No.738 of 2022 in the trial Court inter alia under Section 227 of 'The Code of Criminal Procedure, 1973 (2 of 1974)' [hereinafter 'Cr.P.C' for the sake of brevity and clarity] seeking discharge from all the charges levelled against him in the charge sheet. It is necessary to record that according to the charge sheet, the charges levelled against the appellant are for alleged offences under Sections 120-B, 124-A, 153-A
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Nazir Khan and Ors Vs.State of Delhi reported in (2003) 8 SCC 461 : AIR 2003 SC 4427
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