SABEEL AHMED Vs. NATIONAL INVESTIGATING AGENCY, BENGALURU

JUDGEMENT

(1.) This writ petition is directed against the order dtd. 19/8/2023 passed by the Additional City Civil and Sessions Judge (Special Court for trial of NIA cases), Bengaluru, in Special Case No.378/2021. Accused No.21 filed an application under Sec. 300 of Cr.P.C. seeking his discharge from the case. Since the Special Court dismissed his application by the order challenged in this petition, he has filed this writ petition.

(2.) The facts may be briefly stated as below. Based on the credible information, an FIR in Crime No.384/2012 for the offences punishable under Ss. 153A, 121A, 120B, 121, 122, 379, 153B and 307 IPC, Ss. 3 and 25 of Indian Arms Act and Ss. 10, 12, 13, 15, 16, 18 and 20 of Unlawful Activities (Prevention) Act, 1967 was registered at Basaveshwara Nagar police station, Bengaluru, on 29/8/2012. Having regard to the gravity of the offences, investigation was handed over to the National Investigation Agency by order of the Government of India dtd. 16/11/2012. FIR was registered by the National Investigating Agency in RC 04/2012/NIA/HYD. Subsequently, another FIR was registered by NIA at Delhi against the petitioner and other accused persons. The petitioner herein and other accused faced trial in S.C.No.23 of 2016 at NIA Special Court, Delhi. The petitioner was acquitted of the offences charged against him by Delhi court. Therefore, he made an application before the Special Court at Bengaluru under Sec. 300 of Cr.P.C stating that he faced trial at Delhi court on certain facts and circumstances which are same in the case at Bengaluru, and in this view, he cannot be tried again on the same set of facts and circumstances in view of Sec. 300 of Cr.P.C. This application having stood dismissed, the petitioner is before this court.

(3.) We have heard Sri Kiran S Javali, learned senior counsel for Sri Mohammed Tahir, learned counsel for the petitioner and Sri P.Prasanna Kumar, Special Public Prosecutor for the respondent/NIA.