MUZAMMIL PASHA Vs. NATIONAL INVESTIGATING AGENCY

JUDGEMENT

(1.) This writ petition is filed challenging the order dtd. 18/1/2022 passed by the XLIX Additional City Civil and Sessions Judge (Special Court for trial of NIA cases), CCH-50, Bengaluru, on an application filed under Sec. 207 of the Code of Criminal Procedure, filed by the petitioner in Special C.C.No.141/2021.

(2.) The petitioner is accused No.2 and facing trial for the offences punishable under Ss. 120B, 143, 145, 147, 188, 353, 427 read with Sec. 149 of Indian Penal Code, Sec. 2 of Prevention of Destruction and Loss of Property Act, 1981 and Ss. 16, 18 and 20 of Unlawful Activities (Prevention) Act. Amongst several FIRs registered in connection with the incident dtd. 11/8/2020 that took police within the jurisdiction of Kadugondanahalli Police Station, FIR in Crime No.229/2020 was also one in relation to burning of K.G.Halli Police Station. The National Investigation Agency took over investigation of Crime No.229/2020 and another as the offences registered therein was found to be a threat to security and integrity of the nation. After the NIA took over investigation of Crime No.229/2020, it re-registered the case as R.C.No.35/2020/NIA/DLI. After completion of the investigation, the NIA filed charge sheet before the Special court for the offences aforementioned. NIA produced the documents at Sl.Nos.1 to 278 as part of the charge sheet and out of them certain documents are the face-sheets of the charge sheets filed by the State police in respect of the offences registered in Crime Nos.232/2020, 233/2020, 234/2020, 235/2020, 236/2020, 231/2020, 237/2020, 238/2020, 239/2020, 241/2020, 227/2020, 228/2020, 230/2020 and 240/2020. The Special Court furnished the copies of charge sheet and all the annexed documents to the petitioner under Sec. 207 of Cr.P.C. Thereafter the petitioner filed an application under Sec. 207 Cr.P.C., for a direction to NIA to provide him with the documents pertaining to the charge sheets filed by the State police. The said application was dismissed by the Special Court by the impugned order and hence this writ petition.

(3.) We have heard the arguments of Sri Mohammed Tahir, learned counsel for the petitioner and Sri P.Prasanna Kumar, learned Standing counsel for the respondent/National Investigation Agency.