ASIM SHARIFF Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal has been preferred by the accused appellant against whom a criminal case bearing no. RC 04/16­ NIA­HYD came to be registered along with four other accused persons for the offences punishable under Sections 120­B, 109, Signature Not Verified Digitally signed by SATISH KUMAR YADAV 150, 153A, 302, 201 read with Section 34 of IPC; Sections 3 and Date: 2019.07.01 16:29:26 IST Reason: 27 of the Arms Act and Sections 15,16,17,18 and 20 of the Unlawful Activities(Prevention) Act, 1967(hereinafter being referred to as "UAP Act ").

(3.) After completion of the investigation, final report was submitted before the trial Court against the accused persons including appellant. The appellant claims that there was no material for registering the criminal case neither investigating nor submitting the final report against him. At this stage, the appellant filed application under Section 227 of Code of Criminal Procedure, 1973(hereinafter being referred to as "CrPC ") seeking his discharge from the case for the aforesaid offences. The application was dismissed by the trial Judge/Special Judge who ordered for framing of charges against him for the aforesaid offences under Order dated 2 nd January, 2018 came to be challenged by the appellant in a writ petition filed under Article 226 and 227 of Constitution of India read with Section 482 CrPC which was dismissed by a lucid impugned judgment dated 22 nd November, 2018 which is a subject matter of challenge in the instant appeal.