MOHAMMED MUDDASSIR KALEEM Vs. NATIONAL INVESTIGATING AGENCY

JUDGEMENT

(1.) Accused No.20 in Spl.C.C.No.141/2021, on the file of Special court for trial of NIA Cases, (CCH-50), Bengaluru has preferred this writ petition under Articles 226 and 227 of the Constitution of India read with Sec. 482 of Code of Criminal Procedure (Cr.P.C.), challenging the order of dismissing his application filed under Sec. 91 of Cr.P.C., by the special court.

(2.) We have heard Sri Mohammed Tahir, learned counsel for the petitioner and Sri P.Prasanna Kumar, learned special counsel for NIA.

(3.) The petitioner, in his application under Sec. 91 of Cr.P.C. sought a direction to NIA to produce the voluntary statements of the accused persons and statements of 27 police personnel and 24 public witnesses recorded by the state police, the statements of protected witnesses recorded before 3/11/2020, and video clipping shown to LW-52 while recording his statement. The case in which the petitioner is accused No.20 pertains to an incident of a large scale rioting and committing such other crimes in and around Kadugondanahalli Police Station on 11/8/2020. The genesis of the incident is said to be a derogatory remark made against Prophet Mohammed on the facebook by one Naveen. FIR in Crime No.229/2020 was initially registered at K.G.Halli Police Station for the offences punishable under Ss. 143 , 147, 148, 353, 332, 333, 427, 436 read with Sec. 149 of IPC and Sec. 4 of Prevention of Damage to Public Property Act, 1984. The investigation was subsequently taken over by NIA and filed charge sheet.