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KARNATAKA HIGH COURT
K.S. Hemalekha, J
ASIM SHARIFF – Appellant
Versus
P VIKRAMAN – Respondent
| Table of Content |
|---|
| 1. overview of charges and trial court's rejection. (Para 1 , 2 , 3 , 4) |
| 2. court's observations on trial process. (Para 5 , 8 , 9) |
| 3. arguments on fabrication of witness statements. (Para 6 , 7) |
| 4. examination of relevant legal provisions. (Para 10 , 11 , 12) |
| 5. court's discretion in preliminary inquiries. (Para 16 , 17 , 18 , 19) |
| 6. final ruling on application under section 340 cr.p.c. (Para 20 , 21 , 22 , 23) |
(PER: HON'BLE MRS JUSTICE K.S. HEMALEKHA)
Both the appeals are preferred assailing the order dated 26.02.2024 passed by XLIX Additional City Civil and Sessions Judge (Special Court for trial of NIA Cases) (CCH- 50) at Bengaluru (hereinafter referred to as ‘trial Court’ for short), dismissing the appellants’ application filed under Section 340 of Cr.P.C.
2. In Crime No.124/2016 and in Crime No.63/2022, the appellants were charged for the offences punishable under Sections 302 and 34 IPC . Later, they were charged under the provisions of Unlawful Activities (Prevention) Act, 1967 ( UAPA for short). The Ministry of Home Affairs, Government of India directed the National Investigation Agency (NIA) to take up the aforesaid crime for investigation. NIA re-registered the
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