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2023 Supreme(Online)(J&K) 678

HIGH COURT OF JAMMU AND KASHMIR
AYAZ AHMED AND OTHERS – Appellant
Versus
U T OF J AND K TH SHO POLICE STATION KISHTWAR JAMMU – Respondent


JUDGMENT

1. By the medium of this common judgment, it is proposed to dispose of the above two petition as both solicit to decide the same question as well arise out of the same order, passed by the Trial Court. The petitioners initially filed appeals against the order dated 26.08.2022 passed in a case titled ‘State v. Rameez Raja & Ors’ by the court of learned 3rd Additional Sessions Judge Jammu (Special Judge designated under Section 22 of NIA Act) hereinafter referred to as ‘Trial Court’ by virtue of which charges framed by the Trial Court vide order dated 25.10.2019 were not altered against the petitioners, for the commission of offences punishable U/Ss 3/13 UAP Act, 7/25 Arms Act and 4/5 Explosive Substances Act read with Section 120-B RPC, in a case arising out of an FIR No. 182/2018 registered at P/S Kishtwar against all the accused including the petitioners.

2. The appeals filed by the petitioners were listed before the Division Bench of this Court and vide order dated 16.02.2023, the Division Bench, after discussing law on the subject held that an order framing charge or an order altering or refusing to alter the charge passed by the Special Court under the NIA Act is an int

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