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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
BRIJ RAJ SINGH
Mohd. Faizan – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
BRIJ RAJ SINGH, J.
1. The present application has been filed seeking setting aside the order dated 01.07.2025 passed by the Special Judge NIA/Additional Sessions Judge, Court No.3, Lucknow in Sessions Case No.2414 of 2023, State Vs. Mohd. Faizan and others, arising out of Case Crime No.342 of 2022, under Sections 121-A, 153-A and 295-A IPC, Police Station Bakshi Ka Talab, District Lucknow and the cognizance order dated 22.12.2022 passed by the Additional Chief Judicial Magistrate-V, Lucknow with a further prayer to quash the entire proceedings of the aforesaid case.
2. At the very outset, Sri Shiv Nath Tilhari, learned AGA has raised a preliminary objection that application under Section 482 Cr.P.C. is not maintainable against the order of refusal to discharge in view of Section 21(1) of the National Investigation Agency Act, 2008 (for short “the NIA Act, 2008”), which provides that an appeal shall lie from any judgement, sentence or order not being an interlocutory order of a Special Court to the High Court both on facts and on law. In support of his contention, learned AGA has placed reliance upon the following judgements:-
1. Sallahuddin Vs. State of U.P. and others, (202
An application under Section 482 Cr.P.C. challenging a Special Court's refusal to discharge is not maintainable; remedies are available under Section 21(1) of the NIA Act.
An application for bail under Section 439 of the Code of Criminal Procedure invoking the NIA Act, 2008 is not maintainable, and orders granting or refusing bail are appealable to the High Court under....
(1) Orders granting or refusing to grant bail are of interlocutory nature.(2) Application under Section 439 of Code of Criminal Procedure invoking National Investigation Agency Act, 2008 is not maint....
The main legal point established is that the bail application under the NIA Act is maintainable under Section 439 of the Cr.P.C. if the case has not been notified to the Central Government as require....
Offence of Attempt to Murder - Bail Application - Power under Section 439 cannot be exercised when there is specific provision in the statute for filing appeal before High Court against an order of g....
The main legal point established in the judgment is the interpretation of 'interlocutory order' under Section 21 of the NIA Act, 2008 and its applicability to the order of framing charge.
Bail applications under UAPA must be appealed to a Division Bench under Section 21 of the NIA Act, not maintained before the High Court.
The order framing charges under the NIA Act is classified as an interlocutory order, which is not appealable, thereby reinforcing the legislative intent for expeditious trials.
The main legal point established in the judgment is that for an appeal under Section 21(4) of the NIA Act, 2008 to be maintainable, the impugned order must be passed by the Special Court designated u....
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