NISHANT JAIN Vs. STATE OF C. G.

JUDGEMENT

(1.) Heard on the question of maintainability of appeal.

(2.) At the outset, learned State counsel has raised preliminary objection with regard to maintainability of the present appeal preferred against interlocutory order of framing of charges that under the scheme of Sec. 21(1) of the National Investigation Agency Act, 2008, (In short "the Act of 2008") remedy of appeal may not be available. He would further submit that even remedy of revision is also not available, in view of the specific bar, therefore, this appeal is not maintainable.

(3.) Learned counsel for the appellant would, however, bring to the notice of this Court the provisions contained under Sec. 21(1) of the Act of 2008 as also decision of the Supreme Court in the case of Sanjay Kumar Rai vs. State of Uttar Pradesh and Another (decided on 7/5/2021 in Criminal Appeal No.472 of 2021) to submit that the order of framing of charge cannot be construed as an interlocutory order and therefore, bar under Sec. 21(1) of the Act of 2008 will not apply and the revision would be maintainable.