ALLAHABAD HIGH COURT
(Lucknow Bench)
BEFORE : SATYENDRA SINGH CHAUHAN AND VIRENDRA KUMAR-II, JJ.
HUSSNA ....Appellant
Versus
NATIONAL INVESTIGATING AGENCY AND ANOTHER .....Respondents
(Criminal Appeal No. 889, 890, 891, 892 and 893 of 2016, decided on 8th February, 2017)
Result; Appeals Dismissed.
Hon’ble Satyendra Singh Chauhan, J.—Since common questions of facts and law are in involved in all the aforesaid criminal appeals, therefore, they are being heard together and decided by a common judgement.
2. Heard learned counsel for the appellants and Ms. Shikha Sinha, learned counsel for the National Investigating Agency as well as learned A.G.A for the State.
3. The appellants have proceeded to challenge the orders dated 4.5.2016 passed by Special Judge, N.I.A., Lucknow dismissing the applications of the appellants for discharge in S.T. No. 927 of 2015, State v. Hussna and others, in respect of the charge-sheet filed in Case Crime No. 964/2014 under Sections 121-A, 122, 216, 120-B IPC and Case Crime No. 965/2014 under Sections 13, 18, 21, 23, 38, 39 and 40 of the Unlawful Activities (Prevention) Act though later on the aforesaid case crimes were merged/re-registered as FIR No. R.C.-01/2015 N.I.A Delhi, under Sections 121-A, 122 IPC and 18/13/23 of the Unlawful Activities (Prevention) Act, Police Station - Kotwali City, District - Bijnore.
4. The facts in brief are that an FIR under Sections 121-A/122 IPC, Sections 18/13/23 of the Unlawful Activities (Prevention) Act, Sections 25 and 25/4 of the Arms Act and Section 4/5 of the Explosive Substance Act was lodged at Case Crime Nos. 964 to 968 of 2014 at Police Station- Kotwali City, District - Bijnore on 12th September 2014 at 16:50 hours in respect of an incident said to have taken place on 12th September 2014 at about 11:20 hours. The FIR was lodged by Sub Inspector Sri Pramod Singh Pawar against six unknown accused persons. The FIR was lodged on the basis of recovery memo wherein different explosives, gas cylinder, battery etc. were recovered. The FIR contained the allegation that at about 11:20 hours on 12th September 2014 blast took place in the house of Lilawati alias Leelo wife of Late Dhanno Singh Pal and heavy smoke was coming out from that house. Several persons arrived at the place of occurrence. On the information, the informant Inspector also reached the place of occurrence and he was told by the mob that some outsiders were living in the house on rent for two to two and a half months and they were not having any concerned with the persons of Mohalla. At the time of blast, six persons came out of the house. Amongst them, one person was seriously injured. All the accused persons took the injured person and went towards Gokalpur Chungi quickly. No one was allowed to enter inside the house and the spot was conserved safely. The then In-charge Inspector of Police Station Kotwali Shahar, Bijnore Sri Rakesh Paliwal was informed and it was requested to send the additional police force as well as the staff of Unit Field of Forensic Laboratory, Bijnore. After some time, Sri Rakesh Paliwal, In-charge Inspector reached at Mohalla Jattan B-4 at the house of Lilawati. In the meantime, field staff of Forensic Laboratory, Bijnore Sri Veer Raj Saini also reached alongwith his team. He opened the iron doors of the house. On entering the room, he found that smell of gunpowder was coming out. On the floor of the room, black colour powder was spread and a red colour gas cylinder, which was about 9 inches high and circumference was 18 inches, on that green tape was there and from that tape two wires were coming out and AP written on the elbow pipe kept near gas cylinder were recovered. Window panes were broken due to the blast. On the basis of the above recovery, Case Crime No. 964 of 2014 was registered under the different Sections of IPC. Apart from this, Case Crime Nos. 965 of 2014, 966 of 2014, 967 of 2014 and 968 of 2014 were also mentioned in the said FIR No. 590 of 2014. The FIR was also lodged for the offences under the Unlawful Activities (Prevention) Act (for short “the UAPA Act”) and the offences under the IPC as contemplated under Sections 121-A/122.
5. The local police proceeded to investigate the offences and charge-sheet was submitted. The investigation in reg
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