NASIR PASHA Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioners-accused persons under Articles 226 and 227 of the Constitution of India read with Sec. 482 of Cr.P.C. for quashing or setting aside the order passed by the 49th Additional City Civil and Sessions Judge and (Special Court for trial of NIA Cases) at Bengaluru in Crime No.328/2022 registered by the K.G.Halli Police Station, for the offences punishable under Ss. 153(A), 121, 121(A) read with Sec. 120B of IPC and Ss. 16, 18, 18B of the Unlawful Activities (Prevention) Act, 1967 (for short 'UA(P) Act') and also to set aside the investigation done by the Police during the illegal police custody.

(2.) Heard the learned Senior counsel for the petitioners and learned SPP-II for the State.

(3.) The case of the petitioners is that the respondent-Police arrested these petitioners and they have been remanded to the judicial custody, subsequently, after more than two months, the prosecution has filed an application seeking police custody of these petitioners from 20/12/2022 and 28/12/2022 and the learned Sessions Judge granted police custody for nine days from 27/12/2022 to 4/1/2023, vide order dtd. 26/12/2022, which is under challenge.