SYED AZHARUDDIN Vs. STATE

JUDGEMENT

(1.) This petition is filed by accused No.7 invoking Articles 226 and 227 of the Constitution of India read with Sec. 482 of Cr.P.C. praying this Court to declare that the charge-sheet filed by the respondent in C.C.No.7174/2020 pending before the VIII ACMM, Bengaluru for the offences punishable under Ss. 120B, 341, 326, 307 read with Sec. 149 of IPC and consequently the provisions of the Unlawful Activities (Prevention) Act, 1967 ('UAPA Act' for short) Sec. has no bearing as the same are merely mentioned to deny the relief to the accused without following any legal procedure of law.

(2.) The factual matrix of the case is that the police have registered the case on 22/12/2019 against unknown persons and investigated the matter and apprehended accused Nos.1 to 6 during the course of investigation. Thereafter, filed the charge- sheet against the accused persons for the offences punishable under Ss. 120B, 341, 326, 307 read with Sec. 149 of IPC. While filing the charge-sheet, this petitioner has been arraigned as accused No.7.

(3.) The main allegation against the accused persons in column No.17 of the charge-sheet is that the accused persons belong to the prohibited organization which is involved in criminal activities and they were opposing CAA and NRC. That on 22/12/2019 when the Hindu organization intended to conduct the rally in favour of CAA and NRC, these accused persons conspired with each other at the instance of accused No.7 i.e., the petitioner herein in the private office belonging to the petitioner under the leadership of the petitioner herein to take away the life of a person belonging to Hindu religion. Accused Nos.1 to 4 have also conspired with each other at the instance of this petitioner. On 22/12/2019 accused Nos.2 to 6 conspired with each other, changed their vehicle number and covered their faces with helmet in order to commit the murder. Accused Nos.5 and 6 watched the movement of the complainant near the Town Hall and all the accused persons have joined together and chased the complainant and wrongfully restrained him and assaulted with deadly weapon in order to take the life of the complainant. As a result, the complainant sustained injuries. The police while filing the charge-sheet invoked Sec. 173(8) of Cr.P.C. to further investigate the matter and sought permission to file additional charge-sheet stating that the petitioner and other accused persons have committed the offence under Ss. 13, 16 and 18 of UAPA Act and investigation has to be continued. Hence, the present petition is filed before this Court.